September 7, 2017

The most common types of professional negligence claims

My workload is incredibly varied and I represent clients who have cases against many types of professional advisors. Below is a list of the most common types of claims that I handle. If you would like to talk to me about how I might be able to help you, please do contact me. Contact Paul Walton here.

ACCOUNTANTS

Drafting accounts inaccurately
Failing to claim tax credits
Failing to submit VAT returns promptly
Late submission of accounts to HMRC
Company accountants failing to advise Directors clearly as to allocation of funds
Company accountants allocating Director’s Loan Accounts inappropriately
Negligent Pensions advice
Failing to understand time limits for claim to Financial Ombudsman Service
Incorrect assessment of Tax liabilities.

VALUERS AND ESTATE AGENTS

Inappropriate high valuation of property, leading client to purchase at over value
Failing to spot significant property defects
Failing to undertake proper investigations for signs of asbestos
Failing to note signs of subsidence and structural movement
Incomprehensible or misleading valuation report to Lender/Mortgagee

ARCHITECTS AND ENGINEERS

Use of inappropriate materials in building
Failing to allow for adverse weather conditions on structure
Serious under estimate as to likely cost of building
Defective heating system and utility services
Building not capable of providing services and facilities for which it was designed
Causing client to be in breach of Planning Laws
Causing client to be in breach of Health & Safety Regulations
Damage to Listed Buildings without appropriate permissions and consents

SOLICITORS

Missing time limits in litigation
Missing substantial items in claims for compensation (e.g. loss of earnings)
Negligent drafting of Credit Hire Agreements
Failing to register Option with Land Registry
Failing to include Rent Review clause in Lease
Failing to advise as to conflicts of interest as between husband and wife and partners
Failing to submit employment claim for unfair dismissal on time
Settling employment claim in terms which exclude right to pursue personal injury claim
Negligent drafting of Will so it is invalid and beneficiaries do not receive what was intended
Failing to draft a gift of property in a Will to allow for the possibility that the Testator may sell the property before death
Failing to deal properly with tax issue in Will

BARRISTERS

Negligent conduct of the case in Court
Negligent advice to the criminal client about the plea to be entered
Failing to call evidence
Incorrect advice about the legal position
Negligent advice about an appropriate settlement

TRADE UNIONS

Representing a Member in an employment claim but failing to appreciate time limits

Representing a Member in a litigation claim but failing to appreciate time limits

INSURANCE BROKERS

Failing to arrange Insurance at all
Failing to arrange Insurance at an adequate value
Failing to retain evidence of Insurance arrangements.

For more information regarding professional negligence, please read more from Paul Walton.

Found this article useful? You might be interested in some of our others:

Read what our clients have to say...

View All

DBF are a class act. We used them for the sale of a house. Professional, clear and responsive. Craig and Belinda who handled our case were great. Nothing was too much trouble, responsive and easy to get hold of.

Dave Weston

“Very approachable, practical solutions to problems, but most of all very responsive which I personally think is very important because if you need help, you need it quickly, or at least to know someone is looking at it for you”.

Joanne Rowe, Finance Director, Greater Manchester Chamber

“Always able to contact, very approachable, friendly and professional”

Nives Feely, JAM Recruitment

“I believe I have been able to establish a professional working relationship with everyone I have come into contact. Importantly, I sense the relationships which have been established give me the confidence that I can make contact with Davis Blank Furniss at any time and on any matter. I would also like to express my thanks to the very impressive “gatekeepers” who work in reception, not only for making me very welcome, but also for their professionalism”

Bill Pryke, CEO, Chartered Institution of Civil Engineering Surveyors

“Thank you for your efficient and friendly help throughout this process. We have had it easy but your approach has been part of that”.

Robert Amsbury (Conveyancing Client)

“I would like to take this opportunity to thank you personally for the ongoing support and assistance the firm has offered to our parents over the years. I hope also that we may be able to call on you if necessary in the future.”

Valerie Fisher (Probate Client)

“Jo always provides great service, understands our needs and delivers on her promises. Our needs are relatively simple but the complexity arises out of the volume of work and short time frames, Jo always delivers.”

Peter Fernandez, Corporate Director at Royal Bank of Scotland

“A big thank you to all who dealt with my wife’s claim… We would not hesitate to recommend Davis Blank Furniss to anyone that may be in a situation like we have been…”

Anon (Personal Injury client)

“Before putting my case in Kirsty (Morbey)’s capable hands I’ve met a couple of other solicitors. None of them listen to me as intently as Kirsty and showed me as much empathy and understanding as she did. Simultaneously she was able to look at my case from legal perspective, explain all the options and follow each of our meetings with written summary of the discussed matters (in timely manner). Her advice was invaluable and led me to successfully ending the case matter (hopeful for good). I’m forever grateful for he work and would definitely recommend her to anyone looking for reliable, knowledgeable and committed solicitor”.

Anon (Family client)

Our Manchester office is rated 5 stars on Google