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Professional Negligence Solicitors

Professional Negligence Solicitors

No detail is overlooked

When you or your business suffers due to professional negligence, it can create significant disruption and inconvenience.

Whether you've received incorrect advice or another party has failed to uphold the expected quality of service or product, resulting in a loss to you, we're here to help you get the best outcome. At Walker Foster, our team of experienced professional negligence solicitors is dedicated to guiding you through every step of the claims process with professionalism and care.

Our approach begins with a comprehensive assessment of your case, identifying the key issues and potential outcomes. We gather and analyse all relevant evidence to build a robust foundation for your claim, ensuring that no detail is overlooked. Our solicitors are committed to maintaining clear and open communication throughout the process, keeping you informed and involved at every stage.

We recognise the stress and uncertainty you may be experiencing, which is why our solicitors will provide empathetic support and guidance throughout the process. Our aim is to provide you with peace of mind by handling the complexities of your case with our specialist expertise.

Our professional advisors are highly experienced, employing strategic negotiation skills and, when necessary, robust litigation tactics to ensure your rights are protected and you receive the compensation you deserve.

If you're ready to initiate the resolution of your professional negligence concerns, get in touch with our specialist team today.

How Walker Foster Can Help You

Our professional negligence solicitors have extensive experience helping businesses and individuals to rectify such situations, and are here to help you seek redress and claim compensation for any losses you have suffered.

 Our approach includes these steps:

Most professional negligence claims can be resolved without the need for court action. Speak to Walker Foster for advice on how we can address your needs and bring your case to a swift and effective conclusion.

What is Professional Negligence?

Professional negligence occurs when professional service providers - such as solicitors, accountants, architects, insurance brokers, financial advisers or surveyors - fail to perform their duties to the required standard, resulting in harm or loss to their clients. This breach of duty can arise from errors, omissions or providing negligent advice.

To facilitate the swift resolution of such claims without the need for court action, the Ministry of Justice has established a Pre-Action Protocol for Professional Negligence. This protocol encourages parties to exchange information and seek settlement before initiating formal legal proceedings, aiming to resolve disputes efficiently and cost-effectively.

Alternative Dispute Resolution (ADR) for Professional Negligence Claims

Alternative dispute resolution (ADR) offers effective and efficient methods to resolve professional negligence claims without the need for lengthy and costly court proceedings. At Walker Foster, we prioritise ADR to facilitate amicable resolutions, saving you time, stress and expenses. Here’s a detailed look at the various ADR methods:

  • Mediation: involves the appointment of a neutral third party, known as a mediator, who facilitates discussions between the disputing parties. The mediator helps both sides understand each other's perspectives and work towards a mutually acceptable solution. Mediation is a flexible process that allows parties to explore creative solutions and maintain control over the outcome. It is often quicker and less formal than court proceedings, and because it is confidential, it helps preserve professional relationships. Any signed agreement entered into between the parties is legally binding and enforceable.
  • Arbitration: this is a more formal ADR method where an arbitrator, an impartial expert in the relevant field, hears the evidence and arguments from both parties and then makes a binding decision. The arbitrator’s decision is final and enforceable. Arbitration combines the benefits of a private resolution with the structured process of a court trial. It can be faster and more cost-effective than litigation, while providing a clear, definitive outcome.
  • Negotiation: the most direct form of ADR, involving direct discussions between the parties or their legal representatives to reach a settlement. Effective negotiation requires skilled communication and a thorough understanding of the case’s strengths and weaknesses. Negotiation can be initiated at any stage of the dispute and allows for flexible, tailored solutions that meet the specific needs of both parties.
  • Conciliation: this involves the assistance of a conciliator, an impartial third party who helps facilitate discussions between the disputing parties to reach a mutually acceptable agreement. Unlike mediation, where the mediator primarily facilitates dialogue, a conciliator may take a more active role in proposing solutions and guiding the parties toward a resolution.

Choosing ADR methods can significantly reduce the adversarial nature of professional negligence disputes. It allows parties to resolve their issues in a less confrontational environment, promoting cooperation and understanding. At Walker Foster, we are committed to exploring ADR options to ensure a fair and swift resolution of your professional negligence claim. Our expertise in mediation, arbitration, negotiation and conciliation ensures that you receive comprehensive support tailored to your specific situation.

Should any ADR efforts be unsuccessful and litigation be required to resolve the situation, our specialist professional negligence solicitors are ready to support you throughout all aspects of the legal process.

What Do I Have to Prove for a Professional Negligence Claim?

To succeed in a professional negligence claim, you need to establish four key elements: duty of care, breach of duty, causation, and damages. Each element is crucial in demonstrating that the professional in question failed to perform their duties adequately, resulting in your loss. Here’s a detailed look at each requirement:

  • Duty of care: you must prove that the professional owed you a duty of care. This means demonstrating that a professional relationship existed, obligating the professional to provide a certain standard of service. For instance, when you hire a solicitor, they are legally bound to act in your best interests, providing competent legal advice and services.
  • Breach of duty: once the duty of care is established, you need to show that the professional breached this duty. This involves proving that the professional’s actions or omissions fell below the expected standard of care. For example, if an accountant fails to file your taxes correctly, leading to penalties, they have breached their duty by not performing their tasks to the required standard.
  • Causation: it is not enough to show that the professional made a mistake; you must also prove that this breach directly caused you harm or loss. This requires establishing a clear link between the professional’s actions and the negative outcome you experienced. For example, if a surveyor’s inaccurate property valuation led to you overpaying for a property, you must demonstrate that this incorrect valuation was the direct cause of your financial loss.
  • Damages: finally, you need to quantify the losses you have suffered as a result of the professional’s negligence. This can include financial losses, additional expenses incurred, personal injury, or other measurable impacts. Detailed documentation and evidence, such as receipts, financial statements or expert testimonies, are essential to substantiate your claim for damages.

At Walker Foster, our professional negligence solicitors are adept at gathering and presenting the necessary evidence to support these elements. Our professional negligence team works diligently to build a strong case on your behalf, maximising your chances of a successful outcome and ensuring you receive the compensation you deserve.

How Long Does a Professional Negligence Claim Take?

The duration of a claim varies based on case complexity, the cooperation of the other party, and court availability. Typically, professional negligence cases can take several months to a few years to resolve. At Walker Foster, we strive to handle your claim efficiently, keeping you informed at every stage.

Our Approach to Professional Negligence Claims

At Walker Foster Solicitors, we understand that professional negligence can have serious consequences, leading to financial loss, stress and disruption. Our dedicated team is committed to providing robust legal support to help you address and resolve professional negligence issues effectively.

Our first step in addressing professional negligence is a thorough evaluation of your case. We carefully examine all relevant documents, communications and actions taken by the professional in question. This detailed assessment helps us identify whether there has been a breach of duty and the extent of the resulting damage or loss.

Based on our evaluation, we provide clear and practical legal advice tailored to your specific situation. We explain your rights and options, outlining the potential courses of action you can take. Whether you are seeking compensation for financial loss or rectification of a problem caused by negligence, our solicitors are here to guide you through the process.

Our approach to resolving professional negligence claims involves a combination of negotiation, mediation, and, if necessary, litigation. We aim to achieve the best possible outcome for our clients while minimising stress and disruption. Our solicitors are skilled negotiators, striving to settle disputes amicably and efficiently. If court action is required, we provide strong representation to protect your interests.

Throughout the process, we maintain open lines of communication, keeping you informed at every stage. Our commitment to transparency means you will always know what to expect and be fully aware of the progress of your case. We listen to your concerns and priorities, ensuring that our approach aligns with your goals.

In addition to resolving current issues, we offer advice on preventative measures to avoid future instances of professional negligence. This includes guidance on selecting reputable professionals, understanding your rights and responsibilities, and ensuring that all agreements and transactions are properly documented and managed.

Meet the Team

Luca AngaranoSenior Chartered Legal Executive
Nick DentSenior Chartered Legal Executive

Why choose Walker Foster?

Standing out while fitting in

We strive for excellence

We care about our clients

We empower our people to make a difference together

Walker Foster, founded in 1919, is a long-established and respected general practice law firm with offices in Skipton, Barnoldswick, Silsden, Settle, Ilkley, Northallerton and Harrogate. Our vision is to be the first choice for local legal expertise, fostering strong connections with the communities we serve.

We are dedicated to providing valued and reliable legal services to generations, ensuring that our clients receive expert guidance tailored to their specific needs. With a proven track record of successful outcomes, we offer personalised service, transparent pricing, and a client-centric approach that prioritises your peace of mind and high-value service. Walker Foster is committed to excellence, building lasting relationships with our clients through our professionalism, care, and dedication to legal matters.

For expert assistance and tailored advice in professional negligence claims, contact Walker Foster today. Our dedicated team of professional negligence lawyers is ready to provide the support and guidance you need to navigate your legal challenges.

Contact us for a consultation and take the first step towards resolving your professional negligence claim with confidence and precision.

"Ian was great throughout, despite all the hoops we had to jump through and the difficulties he faced. A great recommendation from a family friend and we will be sure to recommend in the future."

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