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Professional Negligence

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Solicitors, accountants, surveyors and financial advisors carry a weight of expectation that comes with their professional status. People trust them to know what they are doing, and rightly so. But that trust can be misplaced. The conveyancing solicitor who missed something crucial in the title documents, the accountant whose tax planning scheme fell apart when HMRC came knocking, or the surveyor who somehow failed to notice the cracks running through the walls. When professionals get it wrong, their clients are often left picking up a bill that runs into tens or even hundreds of thousands of pounds.

Tower Bridge Legal’s solicitors act for people and businesses who have been let down by professionals they were paying good money to get things right. We also work on the other side of the fence, defending solicitors, accountants, surveyors, architects and financial advisors when former clients come after them with negligence allegations. That mix of claimant and defence work shapes how we approach these disputes, because we understand what makes a professional negligence claim stick and where it is likely to fall apart.

 
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The Building Blocks of a Professional Negligence Claim

Winning a professional negligence claim is harder than most people assume. You cannot simply point to a bad outcome and expect compensation to follow. The courts insist on proof of three distinct things, and your claim goes nowhere unless you can tick all three boxes.

Box one is duty. What was the professional actually supposed to be doing for you? A solicitor handling your house purchase has obligations connected to that transaction, but whether they were also supposed to flag up the tax angles or warn you that the area was about to be redeveloped is a different question entirely. The answer usually lies somewhere in the retainer letter, the emails that went back and forth at the start, and whatever was said in those early conversations about what you needed.

Box two is breach. Did the professional do something that a reasonably competent person in their position would not have done, or fail to do something they should have? This is not about being perfect. Professionals make judgement calls all the time, and plenty of those calls look questionable with the benefit of hindsight. The test is whether the approach they took was one that no sensible practitioner in their field would have adopted. Working that out almost always needs input from an expert who can speak to what good practice actually looks like.

Box three is causation, and this is the one that trips people up more than anything else. You have to prove that what the professional did or failed to do actually caused you to lose money. Say your solicitor never mentioned that restrictive covenant sitting on the title. Would you really have walked away from the house if they had told you about it? Maybe you would have, but maybe you were so set on buying the place that you would have gone ahead regardless. These hypothetical questions matter, and they are not always easy to answer in your favour.

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Solicitor Negligence Claims

Tower Bridge Legal handles solicitor negligence claims arising from just about every area of legal work you can think of. Conveyancing negligence is bread and butter for us: missed searches, defective titles, restrictive covenants that nobody bothered to mention, chancel repair liability that came as a nasty surprise after completion. We also see plenty of litigation negligence, typically where a solicitor let a limitation deadline slip past or gave advice on a settlement offer that turned out to be badly misjudged.

One thing worth knowing is that solicitors have to carry professional indemnity insurance, so there is usually money there to meet a successful claim. That said, the policy limits vary and there are often excesses and aggregation clauses that complicate the picture. Tower Bridge Legal looks at the insurance position early on, because there is no point chasing a claim if the pot at the end is not worth the candle.

Accountant Negligence and Financial Advisor Claims

Accountants find themselves in the firing line when their work causes clients to make decisions based on a false picture of reality, such as accounts that painted a company as healthier than it actually was, tax advice that sounded clever at the time but crumbled the moment HMRC started asking questions, or due diligence on an acquisition that missed something important lurking in the numbers. Tower Bridge Legal has pursued accountant negligence claims across all of these scenarios and plenty of others besides.

Financial advisor negligence tends to have a slightly different flavour. The Financial Conduct Authority (FCA) rules create specific hoops that advisors have to jump through around suitability and risk disclosure, and when they do not jump through those hoops properly, it gives clients a foundation to build a claim on. We have acted in disputes involving pension transfers, investment portfolios that were far too risky for the client’s circumstances, and insurance products that should never have been recommended in the first place.

Get in touchCommercial litigation solicitors Birmingham and London advising clients

Surveyor Negligence and Construction Professionals

A surveyor’s job is to spot problems before the client commits to buying a property, and surveyor negligence claims arise when they miss something that a competent surveyor would have picked up on. This can include the valuation that was wildly optimistic, the homebuyer report that glossed over structural movement, or the building survey that somehow failed to mention the roof was on its last legs. Tower Bridge Legal acts for buyers and lenders who relied on professional surveys and ended up significantly out of pocket as a result.

Architects and engineers face their own brand of professional negligence claims when buildings do not perform as they should, including design flaws that only became apparent once construction was underway, specifications that were not fit for purpose, and cost overruns that stemmed from professional errors rather than market forces. These disputes tend to be document-heavy and technically involved, but the underlying question remains the same: did the professional meet the standard that their clients were entitled to expect?

 

Defending Professional Negligence Claims

Tower Bridge Legal also acts for professionals who find themselves accused of negligence by former clients. If you are a solicitor, accountant, surveyor or architect facing this kind of allegation, getting proper advice quickly makes a real difference. Claims that look frightening in the letter of claim often turn out to have serious holes in them once you start digging into the detail.

Perhaps the claimant is trying to hold you responsible for things that were never part of your brief in the first place. Perhaps what you did was well within the range of approaches that competent professionals take, even if it was not the only possible approach. Perhaps the claimant would have suffered the same loss regardless of what you did or did not do. These are the kinds of arguments that can take the sting out of a professional negligence claim, and Tower Bridge Legal knows how to deploy them effectively.

Get in touchProfessional Negligence Solicitors Birmingham & London

How Tower Bridge Legal Can Help

We give clients a straight answer about where they stand. If there are good grounds to push back against an allegation, we will explain why. Professional negligence disputes have a habit of racking up costs, so it pays to have a clear-eyed view of the prospects before committing serious money to the fight.

Get in touch with Tower Bridge Legal’s professional negligence solicitors if you think a solicitor, accountant, surveyor, architect or financial advisor has let you down, or if you are a professional dealing with a negligence allegation from a former client. We can talk you through your options and help you work out the best path forward.

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