Professional Negligence

Professional Negligence

When you go to a professional like a surveyor or an accountant you do so because you need expert advice or a specialist service that you trust they can provide. When things go wrong and it turns out the advice you were given is poor or the service you received was substandard then the consequences can be devastating. We can help you to pick up the pieces by supporting you to bring a professional negligence claim.

What is a professional negligence claim?

A professional negligence claim is a formal demand for compensation for financial losses you have suffered following the provision of professional advice or services which fell below the standard you were entitled to expert. Such losses may include lost profits, lost business, a loss of goodwill and anything else naturally arising as a result of what has happened.

How do you prove professional negligence? 

To prove professional negligence you need to be able to show that:

  • the professional concerned was under a duty to take care of your interests, for example by agreeing to advise you on a particular matter;
  • this duty was breached because the way your matter was handled did not come up the expected standard, judged by reference to any applicable code of conduct and the way things would have been dealt with by other reasonably competent professionals operating in the same industry; and 
  • as a result of the breach which has occurred you have suffered direct and reasonably foreseeable financial loss.

What types of professional negligence claims do IMD Solicitors deal with?

Our experienced dispute resolution lawyers can help you to bring a claim against a wide category of professionals, including:

  • solicitors, barristers, legal executives and unqualified legal staff;
  • professional will writers;
  • accountants and financial advisors;
  • insurance brokers;
  • surveyors;
  • architects;
  • structural engineers; and
  • estate agents

We can also help you to obtain an injunction to secure the release of papers and documents from a professional advisor which are being withheld from you under the terms of a lien but which you require urgent access to.

In addition, we can provide advice on defamation proceedings where your reputation is being tarnished by spurious allegations made by a professional you are proposing to sue or someone closely connected to them.

Why choose IMD Solicitors?

Our team of experienced dispute resolution solicitors have an impressive track record when it comes to bringing and defending professional negligence claims. We work hard to achieve an out of court settlement wherever possible, negotiating tirelessly with your opponent and their insurers and making use of a wide range of non-court based dispute resolution procedures, including mediation, arbitration and expert determination where appropriate.

Where court proceedings cannot be avoided we will pursue your claim robustly and push for the best possible outcome, while still leaving the door open for a voluntart settlement should your opponent decide this would be preferable to leaving matters to a judge to decide.

With UK offices in London, Birmingham and Manchester and European offices in Warsaw, Moscow, Bratislava, Prague and Bucharest, we are well placed to serve your needs wherever you are and whenever you need us.

List of notable dispute resolution cases

  • Multi-jurisdictional dispute involving international consortium of corporate shareholders of a Saudi oil and gas subsidiary, involving allegations of fraud and breaches of contractual obligations. Liquidation of the subsidiary was sought by a proportion of shareholders. Settlement was reached between all and liquidation successfully prevented.
  • Dual-jurisdictional dispute involving essentially a battle between conglomerate of companies, with proceedings lodged with various courts across two jurisdictions involving complex jurisdictional and commercial matters.
  • Claim against international plc involving defending allegations of fraud. Concluded successfully and saved the Client from insolvency.
  • Acting for a Claimant in a dispute with a global payment processing institution, involving misconduct allegations and challenge to jurisdiction. Case settled at over 80% of the amount claimed despite initial arguments and denial by the institution.
  • Defended a breach of contract claim involving a cross-border supply of goods. Using strong defence arguments but preserving our client’s commercial position, we managed to resolve the matter through a reduction of the main claim by 75% and potential costs liability by 80%.
  • Acted for a construction company in a claim to recover an unpaid contractual fees. Judgment in favour of the Client secured a trial despite little documentary evidence available and relying mostly on witness evidence.
  • Represented a company Director in a successfully defended claim involving allegations of fraud and breach of fiduciary duties
  • Acting for a claimant in a construction dispute. The matter proceeded to trial where the Claimant successfully obtained a judgement for the full amount.
  • Acting for a defendant who failed to file a defence and had default judgement entered against him prior to instructing our firm. The judgement was set aside and eventually the value of the claim was reduced by 75%.
  • Acting for a creditor in a reported High Court case relating to enforcement of a foreign judgement in the UK. Successfully defended an application by a debtor to declare the judgement unenforceable.
  • Regularly acting for a group of companies dealing with medical equipment manufacturing and worldwide distribution.  Assisting with both contentious and non-contentious cases ranging from commercial and employment to GDPR compliance.
  • Represented a Client in a complex shareholders’ dispute concluded by the way of agreement and voluntary liquidation of the company.
  • Acting for the UK based construction company in a dispute with a contractors. Settled the claim for circa.  90% of the amount originally claimed.
  • Pursuing a claim against a firm of solicitors who have provided our client with negligent advice. Successful recovery of circa 80% of the loss incurred.
  • Acting for a large meat supplier in a dispute with the distributor arising due to faulty product being introduced earlier in the supply chain.
  • Successfully defending a client from committal to prison, in a private prosecution brought by the insurers of a third party following a road traffic collision.
  • Acting in a dispute with the main contractor on a construction project. Successfully recovered our client’s losses incurred as a result of the main contractor and successfully defended all counterclaims that were brought against our client.
  • Acting for an investor in a dispute with a trading company. Successfully obtained a judgment for the sums deducted from the client’s account by the trading company.
  • Acting for a landlord in possession proceedings. Successfully obtained a court order for possession and evicted the tenant using the court appointed bailiff.
  • Acting for a claimant in a Professional Negligence matter, successfully settling the case before trial.

Key contacts

For further information and to discuss your requirements, please contact Olexandr Kyrychenko on 0330 107 0106.

(0044) 330 107 0106
Professional Negligence

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