Claims for Solicitor Negligence

If you have been badly advised or represented by a solicitor, you may be able to claim compensation.

Our experienced team of professional negligence lawyers are experts in pursuing professional negligence claims against solicitors. We understand that your past experience with solicitors may make you wary which is why we’re open, honest and transparent every step of the way.

As with a claim against other professionals, a professional negligence claim against solicitors can arise where there is a breach of duty. Breach of duty is the “mistake” or “error” your solicitor makes that causes you a financial loss or other damage that can be put right with compensation.

The essential elements of a professional negligence claim against a solicitor are to establish that the solicitor:

Owed you a duty of care,
Breached the duty of care and,
Caused you loss recoverable at law as a result as a consequence of that breach

Claims can be brought against a solicitor for any area of law, including:

Personal Injury
Conveyancing
Medical claims Negligence
Trusts and Administration of Estates
Matrimonial Assets Advice
General Litigation and Disputes

How can Jordans Solicitors help?

Our dedicated team of professional negligence lawyers have extensive experience in claims against solicitors.

If you think you may have a claim against a solicitor for negligence, get in touch with us on 01924 457171 for a free, no obligation consultation or request a call back below.

FAQs

It is often straightforward to establish a solicitor’s duty of care to a client as it will be in the contract, agreement or retainer.
Once a duty of care is established, it is necessary to show there has been a mistake or error by the solicitor which amounts to a breach of duty. This can be seen as the solicitor acting in a different way than a reasonably competent solicitor faced with the same circumstances would act and in doing so causing a loss to the client.
If breach of duty can be established, the claimant needs to prove there has been a loss caused that is recoverable at law. Compensation for the loss will usually put the claimant in the same financial position that they would have been in if the breach of duty had not happened.
For example, a claimant who has pursued a personal injury claim found out that the solicitor caused the claim to be settled below the claim’s proper value, known as an “under-settlement”.
The court may consider a claim for damages based on the difference in the proper value of the personal injury claim and the settlement amount recovered. The difference between the amounts would be a starting point for assessing the losses.
Strict time limits apply for anyone wishing to bring a professional negligence claim – there is a limitation period of six years to issue a claim.
This period may be extended if you can show that you only became aware that you could make a claim at a later date outside of the initial six year period. In such a case you have three years to issue your claim from the date you realised you could do so.
All negligence claims are subject to a 15 year longstop. This means that you must issue your claim within 15 years – even if you’ve triggered the three year extension.

You may be entitled to make a negligence claim for the following examples below. However, these are not the only ways your solicitor may have neglected your case. If you’d like to find out more or talk to a member of our professional negligence team, call us on 01924 45717.

You may be entitled to make a negligence claim if your solicitor failed to:
- Your solicitor failed to advise you of the correct time limit or failed to take the necessary steps to prevent your claim timing out.
- Your solicitor failed to advise you on the need to obtain and use expert evidence or identify and instruct a suitable expert witness.
- Your solicitor failed to value your claim correctly or advising settlement at the wrong figure and under-settling.
- A failure to understand the case being put forward or being put forward by the other side.
- Your solicitor failed to comply with a court order, directions or appropriate rules so the claim is damaged or struck out with an adverse cost order.
- A failure to prepare properly for trial by lodging a proper and compliant trial bundle and ensuring the attendance of all expert and lay witnesses.
- Your solicitor failed to identify a suitable barrister where one was required or a failed to provide adequate instructions or a brief to the barrister.
You may be entitled to make a conveyancing negligence claim if your solicitor failed to:
- Advise on covenants and easements within the property Title.
- Investigate Good Title.
- Advise on adverse or missing rights of way.
- Check a new property has planning permission.
- Check for a building regulation certificate for partial works or the entire building as appropriate.
- Advise on environmental or planning issues which may have affected the property and/or your decision to purchase.
- Check that the entire property is within the seller’s title.
- Check for provisions for maintenance of roads and sewers.
- Carry out the usual searches and enquiries.
- Raise requisition on title.
- Provide adequate advice regarding the mortgages conditions.
If you experienced any of these scenarios then you may be entitled to make a compensation claim:-
- Your solicitor failed to give you the correct advice about the merits or risks of the case and advice on the cost/risk benefit of proceeding.
- Your solicitor failed to prepare the case properly.
- Your solicitor failed to prepare properly for trial by lodging a proper and compliant trial bundle and ensuring all expert and lay witnesses attended.
- Your solicitor failed to ask appropriate questions of your or your opponent’s expert witness.
- Your solicitor failed to value your claim correctly or under-settled at the wrong figure.
You could be entitled to make a claim if your solicitor failed to:
- Identify the correct defendant
- Advise you on the correct law or procedure
- Value the claim correctly and subsequently under-settled
- Prepare the case properly
- Identify and instruct an expert witness
- Prepare properly for trial by lodging a proper and compliant trial bundle and ensuring all expert and lay witnesses attended
- Give any advice on the correct costs
You may be able to bring a claim if:
- Your solicitor failed to apply the correct law or procedure.
- Your solicitor failed to advise you fully and correctly on the merits and risks of a contested hearing.
- Your solicitor failed to obtain expert evidence where appropriate.
- Your solicitor failed to know and recognise if your possible vulnerability had an adverse impact on the instructions they provided which may go against your interests.
- Your solicitor failed to value your claim correctly or under-settled.
- Your solicitor failed to correctly value a pension or instruct an expert for this purpose where appropriate.,
- Your solicitor failed to apply for a freezing injunction either in time or at all.
- Your solicitor failed to make a land registry entry or take other steps to secure assets.