insideKENT Magazine Issue 29 - August 2014 | Page 147

LAW MAKING CLAIMS AGAINST PROFESSIONALS In the sixth of a series of regular legal articles, Cripps’ specialist professional negligence team answer some questions about making a claim against a professional. Russell Simpson I think the advice I received from a professional is wrong. Do I have a claim? Yes. If the professional owed you a duty of care, breached that duty and has caused you harm or loss, there is a potential claim. Often, the most straightforward element of a potential claim is to establish that the professional was negligent. However, a potential claimant must also be able to demonstrate that he or she suffered loss as a result. A professional may have been negligent, but if this did not cause a loss then there will be no claim. Are claims against professionals common? Yes. Caims made against professionals, including accountants, financial advisers, solicitors, surveyors and architects, have become more common. This is principally due to an increasing reliance upon professional advice, the increased complexity of work carried out, a raised awareness of legal rights, and recently, the recess ion, which has often made losses suffered more apparent. a form of alternative dispute resolution is suitable. This may include mediation, a settlement meeting, or the commencement of court proceedings. Are there alternatives to bringing a claim? Yes. Most professionals have a professional body or an Ombudsman, which provides a complaints procedure. This can be used after exhausting the professional’s internal complaints process first, and if a satisfactory resolution cannot be achieved. However, the forms of redress may be limited; for example, there may be a cap on the compensation that can be awarded. Are there any time limits? Yes. Court proceedings for professional negligence claims normally have to be commenced within six years of the negligence, although there are certain exceptions. Time limits also apply to complaints via an Ombudsman or professional body. It is vital to seek advice as soon as you are aware of a possible claim to avoid losing the opportunity to seek redress. Do I have to be the client? Often, but not always. The professional must owe you a duty of care. This will usually be clear when a person has instructed the professional, but in some circumstances, a professional can owe a duty to a third party. For example, a solicitor may owe a duty of care to the beneficiaries of a will that he or she is preparing, or a surveyor may owe a duty of care to a house buyer, even though the surveyor is instructed by the buyer’s lender. How do I know if my claim is worth pursuing? Seek advice. You should have an initial discussion with one of our specialist solicitors, and if a potential claim exists, we can discuss the options for investigating that claim and for funding the costs of such investigations. This includes, where appropriate, using Conditional Fee Agreements, commonly referred to as 'no win, no fee' agreements. I am worried about damaging my relationship with the professional. Professionals will have indemnity insurance to cover claims, and in practice, these are largely dealt with by the insurers or their solicitors. We aim to settle claims without the need for court proceedings wherever possible and most professionals accept that someone who has suffered a loss as a result of their advice should be compensated. If you think you may have a claim against a professional, please contact Cripps' partner, Russell Simpson, on 01732 224050 or [email protected]. About Cripps How do I bring a claim? A claimant should follow the Professional Negligence Pre-action Protocol. These are guidelines designed to encourage parties to try to resolve the dispute without the need for court proceedings. The claimant must initially send a letter of claim providing full details of the allegations of negligence and the loss suffered. The professional (or their legal representative) must acknowledge this letter within 21 days and provide a full response within a further three months. What if liability is denied? If the professional denies liability and a settlement offer is not made, then assuming the claimant wishes to do so, the next step is to consider whether www.cripps.co.uk @crippslaw Cripps is a key regional law firm, serving clients nationally and internationally from offices in Kent and London. Recognised countrywide for both its commercial and private client work, the firm focuses on wealthier families, entrepreneurial businesses and the real estate sector. This article gives examples and is intended for general guidance only. 147