Professional Negligence Cases

1. Client buys house and garden. Agrees an Option to purchase an additional plot of land. But Solicitor fails to register Option with Land Registry and it is unenforceable. Client recovers compensation from Solicitor for loss accrued to his property.

2. Client takes Lease of a School and agrees with Lessor an Option to purchase the School in three years. But Solicitor fails to register the Option and client cannot purchase. Damages based on loss of value of client’s business enterprise (the School).

3. Clients run a shop. Decide to Lease the property and business. Their Solicitor fails to advise them that the Lease should include a rent review clause. As a result clients cannot increase the rent over 15 year period of Lease. Solicitor sued for damages based upon forecasted increases in rent which could have been obtained, had there been a rent review clause.

4. Client and partner purchase a property. Use the partner’s Solicitor who fails to advise as to conflict of interest and different options for ownership. Client suffers loss when partner becomes bankrupt. Sues Solicitor and recovers her loss.

1. Client involved in road traffic accident and sustains personal injuries and loss of earnings. Solicitor agrees to handle claim for compensation. But Solicitor fails to commence proceedings within three year Limitation Period. Client sues Solicitor for compensation claim which has been lost. Damages assessed on a lost chance basis i.e. what were the prospects of the client recovering on the original claim and how much would have been recovered.

2. Client’s house damaged by tree roots from adjoining property. Solicitor 1 agrees to sue adjoining owner and commences proceedings. Solicitor 1 fails to comply with various Court Orders and Action is ultimately struck out with the client being ordered to pay the costs of the adjoining owner. Client goes to Solicitor 2 who agrees to pursue Solicitor 1 for what the client has lost (including the costs awarded against the client). Solicitor 2 misunderstands calculation of Limitation Period for the claim and fails to sue on time. Client goes to Solicitor 3 who pursues claim for compensation against Solicitor 2 for losing client’s claim against Solicitor 1 (who then caused client to lose the Action against adjoining owner).

3. Client believes she was abused whilst a child in a Local Authority home. Difficult issues of Limitation (related to knowledge). But client goes to Solicitor 1 who commences an Action against Local Authority. There are serious evidential difficulties, due to the passage of time. But Solicitor 1 fails to gather evidence which was available and the Action is struck out. The client goes to Solicitor 2 who fails to commence proceedings in time against Solicitor 1. Solicitor 3 deals with claim for compensation.

4. Client has accident at work. Suffers personal injuries and loss of earnings. Solicitor advises client to settle claim at a figure which represents only the value of the personal injury claim. Solicitor has forgotten about the loss of earnings claim. Client Sues Solicitor for compensation which has been lost.

5. Client instructs Solicitor 1 to draft Credit Hire Agreements. Solicitor 1 does so but the Agreements are defective. Client goes to Solicitor 2 to sue Solicitor 1 for client’s losses on the Agreements (client cannot recover what he has loaned). Solicitor 2 advises client as to a settlement figure against Solicitor 1 and client accepts advice. But Solicitor 2 has failed to appreciate that there was an additional category of loss relating to an additional type of Loan Agreement. The client goes to Solicitor 3 to sue Solicitor 2 for what client has lost by Solicitor 2 not obtaining sufficient compensation from Solicitor 1. Then you can guess what happens next. Solicitor 3 commences proceedings against Solicitor 2 beyond the limitation period and the claim is struck out. So Solicitor 4 deals with claim for compensation against Solicitor 3 for failing to sue Solicitor 2 who has failed to obtain sufficient compensation from Solicitor 1.

1. Clients employment is terminated. He consults a Solicitor to deal with his claim for Unfair Dismissal and also tells the Solicitor that he wishes to pursue a personal injury claim because of the considerable stress and anxiety which he has suffered during his employment.  Solicitor deals with settlement of employment claim but agrees settlement terms which have the effect of excluding the client from a right to pursue the personal injury claim.  So client goes to second Solicitor to recover compensation from first Solicitor.  Compensation is geared to what were the client’s prospects of success in pursuing an personal injury claim against his employers and how much was likely to have been recovered.

2. Client suffers from exposure to fumes during the course of his employment. Has to terminate employment.  Client consults Solicitor who agrees to pursue his personal injury claim and also his unfair dismissal claim arising from termination of the employment.  Solicitor fails to appreciate the limited time limit for the employment claim and fails to make application to the Employment Tribunal.  Solicitor settles the personal injury claim. Client then sues the Solicitor for lost opportunity on the employment claim.

3. Client consults Solicitor after termination of his employment. Solicitor agrees to deal with his claim for unfair dismissal/discrimination. But Solicitor fails to submit application to Employment Tribunal in time.

1. Financial Advisor gave Pensions advice to client. Client agreed to cash in his Pension Scheme at a price quoted by former employers. Financial Advisor took all necessary forms but failed to submit them to employers in time stated in documentation. Beyond that time, the employers are only prepared to pay a lower figure (due to decline in the stock market). Client sued Financial Advisor for what he had lost.

2. Financial Advisor failed to understand time limits for submitting claim to Financial Ombudsman Service. Client lost right to an award (although his wife received one as her claim was in time). Client recovers what he has lost from Financial Advisor.

1. Architect for a new church building advised covering the roof with aluminium sheets. But aluminium expands and contracts in adverse weather conditions and the sheets eventually cracked.  Client sued Architect for loss. Damages difficult to identify because it is difficult to ascertain what alternative covering for the roof would be effective.

2. Architect designed restructuring of residential accommodation. But heating system was defective and will not turn off. Monastic Monks were very hot and obtained compensation as to the cost of the remedial works.

1. Client wishes to purchase house. It is in an area where there has been known to be coalmining activity in the past. Valuer engaged to inspect property and advise on condition and value. The Valuer’s report is helpful and client agrees to purchase.  But Valuer has failed to notice serious subsidence to the property. Client sues Valuer for the reduction in value of the property because of the subsidence which the Valuer had failed to notice.

2. Commercial lender makes short term loans for bridging finance.  Lender instructs Valuer to report upon value. Lender is geared to lending no more than 60% of full value.  The valuation is at £1m. The lender loans £600,000. The Valuer has been negligent on the basis of his valuation is incomprehensible. Property is only worth £500,000.  The borrower defaults on the loan. Lender repossesses but can only sell property for £450,000.  Lender sues Valuer for what lender has lost.

1. Company Accountants fail to advise Directors clearly as to allocation of funds. Funds allocated to Directors Loan Accounts inappropriately and the Directors suffer personal loss as a result.  Claim for compensation pursued against Accountants.

2. Accountants misinterpret client’s earnings and financial position. Accountants prepare incorrect Accounts and Returns to HMRC. Eventually HMRC realise the error and claim unpaid Tax together with penalties and interest.  Client seeks recovery of penalties and interest from the Accountants whose negligence has created the situation. Client also anxious to pursue a claim against the Accountants for Defamation of Character as the incorrect Accounts and Returns has lowered the client’s standing and reputation with HMRC.

1. Client instructs Solicitor to prepare a Will leaving gifts to various friends and relatives. Solicitor is careless and omits some of the gifts from the Will. The disappointed beneficiaries sue the Solicitor for what they have lost.

2. Two clients are living together but have no children. Each wishes to leave gifts to various friends and relatives and the remainder of the Estate to the survivor.  Solicitor draws the Wills leaving the various gifts to friends and relatives on a “free of Tax” basis. This has a serious impact upon what is left in the Estate for the survivor. Solicitors had failed to advise the clients as to the potential consequences of leaving numerous gifts “free of Tax”.  The survivor of the two clients sued the Solicitor for what has been lost by the diminished inheritance.

1. School burned down. Insurers say it is under-Insured and apply average to reduce the claim effectively by half.  Broker says Insurers had always agreed to pay the first loss on any claim up to £5m. But Brokers have lost the evidence. Client sues Broker for what it could not recover from the Insurer.

emotional woman discussing dental negligence issues
emotional woman discussing dental negligence issues

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Excellent experience start to finish – always very responsive to any queries and the turnaround on the property I was buying was very quick, even in the busy time leading up to stamp duty deadline. Jenny was always very helpful and went above and beyond to close on a short timescale.

Ben Armitage

“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)
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If you need any legal advice or assistance with regards to personal or family law, contact the Davis Blank Furniss team now.

Get expert legal advice.

If you need any legal advice or assistance with regards to personal or family law, contact the Davis Blank Furniss team now.








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    Kate Oldfield

    Kate Oldfield

    Managing Partner
    Martyn Gee

    Martyn Gee

    Partner
    Andrew Ryan

    Andrew Ryan

    Partner
    Richard Hamilton

    Richard Hamilton

    Partner
    Sonio Singh

    Sonio Singh

    Partner
    Susan Bann

    Susan Bann

    Partner
    Andy McNish

    Andy McNish

    Partner
    Shiva Shadi

    Shiva Shadi

    Partner
    Kirsty Morbey

    Kirsty Morbey

    Partner
    Jennifer Smith

    Jennifer Smith

    Partner
    Paul Walton

    Paul Walton

    Consultant
    Stuart Shalom

    Stuart Shalom

    Consultant
    Amie Tsang

    Amie Tsang

    Senior Consultant
    Rebecca Taylor

    Rebecca Taylor

    Associate Solicitor
    Katherine Darbinean

    Katherine Darbinean

    Solicitor
    Gregory Carr

    Gregory Carr

    Solicitor
    Danielle Cobb

    Danielle Cobb

    Solicitor
    Lauren Sever

    Lauren Sever

    Solicitor
    Kirsty Fillery

    Kirsty Fillery

    Solicitor
    Joanne Mercer

    Joanne Mercer

    Probate Manager
    Jackie Miller

    Jackie Miller

    Senior Litigator
    Emma Little

    Emma Little

    Conveyancing Paralegal
    Rachel McNeill

    Rachel McNeill

    Senior Litigator
    Tanya Birkett

    Tanya Birkett

    Trainee Solicitor
    Rhiannon Turner

    Rhiannon Turner

    Trainee Solicitor