Making a claim against your professional advisors: things to remember

When you instruct a professional advisor you expect to receive a professional service and one which meets your needs. Unfortunately, this is not always the case. There are a number of things that can go wrong: the advisor may have failed to follow instructions or failed to either give correct advice or to advise on key issues and, as a consequence of this, you may suffer serious financial loss.

You will inevitably want to be compensated for your financial loss and may consider bringing a professional negligence claim. In order to succeed in that claim you will need to be able to show that the professional owed a duty of care; that this duty of care has been breached and that the breach had caused a loss which was foreseeable.

You are likely to also have a contract with that professional and in addition to your negligence claim you may have a parallel breach of contract claim.

Time limits: it is important to be aware that there are time limits for bringing your claim. Under the Limitation Act 1980 you have six years to bring your claim. Calculating when that six years starts to run is not straightforward and so if you believe that you have a claim and that you are nearing the six year mark it is important to obtain advice immediately because once the limitation period expires your claim will be ‘statute barred.’ It may be possible to issue a ‘protective claim’ to protect your position or to enter into an agreement with the professional whereby time stops running.

There may be circumstances where you did not have or could not have knowledge of certain key facts at the time of the act or omission. In these cases time only starts to run once you have that knowledge and you then have 3 years to bring the claim subject to an overriding time limit of 15 years from the date of the act or omission.

A party bringing a professional negligence claim is expected to comply with the Court’s Pre-Action Protocol for Professional Negligence which sets out the steps that the Court will normally expect parties to take before commencing proceedings. The Protocol provides that a party should act promptly after deciding there is a reasonable chance that they will bring a claim against a professional by notifying the professional in writing.

How can we help?

At Ware & Kay Solicitors, we understand the complexities of professional negligence claims. Our experienced team can assess your case, advise on your options, and guide you through the legal process, ensuring you take the necessary steps within the required timeframes.

If you believe you have a claim, contact Akeel Hussain, Associate, Litigation & Dispute Resolution today to discuss your situation and explore your legal options. Call York 01904 716000, Wetherby 01937 583210 or Malton 01653 692247or email akeel.hussain@warekay.co.uk.