Our team of established specialist negligence solicitors and barristers have a proven track record of delivering successful results for our clients who have suffered loss due to the negligence of a professional.
In this article, we focus on our portfolio of representing clients that have brought claims against property specialists, in particular, conveyancers.
Case study: Successful Professional Negligence Claim against a Conveyancing Firm
We provided advice and representation to the claimant property investment company set up to purchase, develop and rent residential properties. The defendant professional was a conveyancing company law firm.
Our client instructed the professional conveyancer to extend the lease on one property and to subsequently purchase two neighbouring properties. Due to mismanagement of our client’s case, the firm:
- failed to progress the extension of the lease;
- failed to follow the client’s instructions; and
- fraudulently backdated correspondence, applications and notices.
As a result of the conveyancer’s conduct (which fell below the standard expected of a reasonable conveyancer), our client lost the opportunity to extend the lease and also consequentially paid an excessively high purchase price to buy title to a neighbouring freehold.
Our professional negligence team established that the conveyancers owed our client a duty to exercise all reasonable care and skill to be expected of an experienced, skilled and competent conveyancer. We communicated the breaches during the pre-action stage in an effective and well supported way and ensured that the law, expert evidence and documentary evidence overwhelmingly supported our client’s claim.
Our successful presentation of the merits of our client’s case combined with our detailed analysis of the weakness of the professional’s case ensured that the case was settled early and our client was awarded damages without having to go to trial.
We ensured our clients recovered the majority of the financial damages sought, and in addition, the defendants (who were insured) were required to pay towards our client’s legal costs.
Negligence claims against conveyancers
Most professional negligence claims against solicitors are due to negligent advice provided during a property transaction.
We have acted on a number of conveyancing negligence cases and have experience of settling multiple claims at the cutting edge of the still unsettled law around breach of warranty of authority where there has been ID fraud on the part of the purported vendor (who is often a tenant faking being the property owner).
Examples of claims against a conveyancer
Conveyancing negligence claims can be brought for:
- Failure to adequately investigate title in a property;
- Failure to advise on Adverse rights (e.g. rights of way, easements)
- Failure to advise on missing formalities (e.g. planning permission, building regulations, listed building consents, missing consents for change of use);
- Failure to carry out property searches and enquiries;
- Failure in a leasehold purchase;
- Disregard of important provisions from a deed or contract;
- Failure to define property boundaries with due care;
- Failure to register a mortgage or charge at the Land Registry or Companies House;
- Failure to follow the mortgagees instructions; and
- Acting without authority (breach of warranty of authority).
Why instruct us to represent you in your negligence claim
Often cases against professionals are hard fought with complex arguments as most professionals (such as solicitor’s firms and covenveyancing firms) have professional indemnity insurers. The insurers will likely instruct specialist City of London firms who are experienced in defending negligence claims.
To ensure equality of arms, you should instruct expert negligence lawyers with a proven record of success in bringing complex claims to trial and settling disputes to the satisfaction of our clients.
Book an Initial Consultation with our Professional Negligence Lawyers
Do you have a claim against a professional? If you want expert legal advice, do not delay in instructing us so we can assess the legal merit of your case.
We can often take on such claims on a no win no fee basis (such as a Conditional Fee Arrangement) once we have discussed the claim with you and then assessed and advised you on the merits of the proposed professional negligence action.
Our expert legal team of leading Professional Negligence Solicitors & Barristers can provide urgent help, advice or representation to you. Just call our Professional Negligence Lawyers on 02071830529 or email us now.
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Instruct Specialist Professional Negligence Solicitors
We are a specialist City of London law firm made up of Solicitors & Barristers operating from the only law firm based in the Middle Temple Inn of Court adjacent to the Royal Courts of Justice. Our team have expertise in advising on claims for compensation against professionals that have fallen below the standard expected, which causes clients financial or personal loss. We are experienced in bringing successful claims against negligent solicitors, barristers, financial advisers, surveyors, valuers, architects, tax advisers and IFAs.
LIMITATION ACT 1980 – WARNING
The Limitation Act 1980 sets out strict statutory deadlines within which you must bring litigation claims. Your legal rights will become irreversibly time-barred if you fail to take legal action (or defend a claim on time). Therefore, you should seek specific legal advice about your legal dispute at the very first opportunity so that you understand the time you have left. Failure to take advice or delay in taking action can be fatal to your prospects of success.