Professional Negligence Claim

Professional Negligence Claim

We have a specialist team of solicitors able to help you should you have a professional negligence claim. This expertise is recognised by recommendations in both Chambers & Partners and the Legal 500 independent guides to the legal profession in which we are ranked as one of the leading firms in Wales dealing with a professional negligence claim.

Some examples of how we have been able to help our clients include :-

Accountants

  • Successfully pursued a firm of accountants in the High Court on behalf of a number of individuals for negligent tax advice on the sale of their company, particularly relating to the amount of Capital Gains Tax payable and availability of Entrepreneurs and other tax reliefs.
  • Judgment obtained in the High Court against a firm of accountants for around £100,000 for negligent tax advice leading to an individual’s bankruptcy. Not only did we recover damages, but our client’s bankruptcy was subsequently annulled.
  • Represented owner of commercial properties in the City of London in a claim against a firm of accountants for negligent advice relating to Tax Avoidance Schemes and Capital Gains Tax payable on the sale of the properties.  The matter subsequently settled in client’s favour.
  • Acting for large manufacturing company relating to abortive sale of its business because of a failure by a national firm of accountants to advised about Capital Gains and Corporation Tax.

Architects & Engineers

  • Successfully prosecuted a claim in the High Court against a firm of engineers for failing to advise in relation to retaining walls causing subsidence to a residential property.  The Claim settled in our client’s favour.
  • Defended a claim brought by engineers for unpaid fees owed by our client development company.  We prosecuted a counterclaim against the engineers for professional negligence relating to the development of large residential site. Matter settled in our client’s favour at mediation.
  • Advised a firm of architects in a claim against their architects for negligent advice in relation to construction costs for a design and build project for their new offices.
  • Acted in a claim against Architect for £100k for failing to properly administer substantial renovation and construction works carried out at a client’s home in London.  The claim settled in our client’s favour.

Financial Advisors and Insurance Brokers

  • Acting in a claim for £900k in the High Court against insurance broker for failing to advise and ensure that insurance cover was properly in place for a commercial property, which was subsequently destroyed in a fire.  The claim is ongoing.
  • Acted for solicitor in his capacity as trustee of a disabled child’s trust fund in a claim for £650k against a financial advisor for negligent investment advice.  The negligent advice had resulted in very substantial irrecoverable losses for the fund.  The matter settled out of court so that the child’s trust fund could be substantially replenished.
  • Acted for a family in claims against 2 firm of financial advisors for negligent investment advice that totalled £400k.  The claims were brought through both the Financial Services Ombudsman and the Financial Services Compensation Scheme, with a number of awards made in favour of our clients 

Solicitors

  • Acted in a High Court Claim for £2m against national firm of solicitors relating to negligent property advice and conduct of subsequent litigation.  Claim settled out of court in our client’s favour at mediation.
  • Claim for £600,000 in the High Court against several firms of solicitors for negligent advice and allowing our client’s claim to be struck out by the Court. We successfully recovered substantial damages at mediation.
  • Instructed by insurance company in 4 separate claims in the High Court against the same firm of solicitors to recover costs paid out by the insurer under Legal Expenses Insurance Policies due to the solicitor’s negligent handling of litigation.  Matters all settled in our client’s favour before trial.
  • Acted for insurance company in a court claim brought against both barrister and solicitor for negligent handling of personal injury claim, which had been struck out at trial for pursuing the wrong defendant.  Matter settled in our client’s favour before trial.
  • Claim for £150,000 in the High Court for negligent conduct of litigation in relation to divorce and ancillary relief dispute. Claim settled out of Court in our client’s favour.
  • Claim in the High Court for £100,000 against solicitors for allowing a claim for medical negligence to become out of time so the client could not claim his compensation. The claim settled out of Court in client’s favour.
  • Claim against national firm of solicitors for negligently permitting our client’s sister to be the sole appointed Administrator to their father’s estate so that she wrongfully claimed all of the compensation due to their father for a claim for industrial disease. Claim settled out of Court in our client’s favour
  • Successfully appealed against a charging order and order for sale made against our client’s home. A concurrent claim for professional negligence was brought against our client’s former legal advisors who had wrongly permitted those orders to be obtained in the first place. They then paid off the debt for the client.
  • Recovered damages from a firm of residential conveyancers for failing to ensure that the sale contract accurately recorded the terms of sale resulting in overpayment of stamp duty liability. Claim settled in our client’s favour.
  • Claim in the High Court for negligent conveyancing for failing to secure appropriate rights of way and drainage when our clients purchased their house. Matter settled out of Court in client’s favour.

Surveyors

  • Claim for £300,000 by business against multi-national firm of surveyors for their negligent handling of the exercise of a break clause in a commercial lease. The claim was settled in our client’s favour at mediation.
  • Successfully pursued national firm of surveyors for damages for £150,000 for their negligent survey of our client’s residential property, including a failure to advise on structural defects and budget remedial costs. Claim settled at mediation.
  • Claim against surveyors for providing a negligent valuation, including a wholly inadequate estimate for re-build costs. When the property was destroyed after a fire, there was a substantial shortfall (£400,000) under the insurance policy, claimed against the surveyor.
  • Represented a family in a claim against Building Surveyors for negligent advice on a full structural survey of a 17th Century listed building.  The Surveyor failed to identify a number of serious structural issues or provide any budget estimates.  Claim settled in our client’s favour.
  • Acting for homeowner in a claim against Surveyors for failing to identify fundamental structural defects in an extension such that the extension requires demolition and reconstruction.

For more details about our expertise and how we can help you with any professional negligence claim click here

Contact us at dispute@berrysmith.com or on 029 2034 5511 for a no obligation discussion or further details.

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