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Solicitor and Barrister Negligence


We are a nationally recognised law firm with a team of experienced professional negligence solicitors who specialise in bringing claims against Solicitors & Barristers.

Our litigation team is rated as “top tier” by the independent Legal 500 and you can therefore be assured that you will receive the best possible expert care and advice.

We offer a no obligation, free assessment of your professional negligence claim and we are as flexible as possible when it comes to funding claims. We will often work under a conditional fee arrangement (a “no win, no fee” agreement).

If you have suffered negligence as a result of a solicitor or barrister then please contact our specialist team today for your free assessment.

Solicitor & Barrister Negligence

If you engage the services of a solicitor or barrister, it is implied that their services will be carried out with reasonable care and skill.

This means that you are entitled to rely on the professional to exercise the highest degree of care and skill when dealing with your matter. If your solicitor or barrister does not do this, and you suffer a loss as a result, you may be able to bring a professional negligence claim against them.

If you have received bad advice or poor representation from a solicitor or barrister, and your case is ongoing, it may be possible for us to take over conduct of your case, thereby limiting or eradicating any loss you may suffer.

Examples of Solicitor and Barrister Negligence:

  • Probate negligence. For example, where a solicitor drafts a Will that doesn’t reflect a client’s wishes, doesn’t check how property is held or doesn’t make sure a Will is properly signed and witnessed. On these occasions we are able to bring a claim on behalf of disappointed beneficiaries for the sums that would have been inherited had the Will been properly drafted.
  • Litigation negligence. For example, missing court deadlines, mispleading cases and incurring adverse costs awards or missing limitation dates and causing cases to be struck out.

Our Experience with Solicitor & Barrister Negligence

  • Acting for an individual who sued his former solicitors as they failed to adequately check that the client owned the garden attached to a residential property the client was purchasing. The claim was settled through correspondence part way through the court proceedings.
  • Acting for three sisters as disappointed beneficiaries under their mother’s Will. The majority of the assets held by the client’s mother was the marital home shared with the client’s stepfather. As the solicitor failed to sever the joint tenancy, the marital home passed to the stepfather through the rules of survivorship. The claim settled shortly after the solicitor’s defence was filed with a significant sum in damages agreed.
  • Acting for some private individuals who sued their former solicitors in relation to a property situated in the Lake District. The solicitor was informed that the property was being purchased for investment purposes with a view to redeveloping it into commercial or residential units. The solicitor failed to advise properly on the rights of way the property benefited from. Had the solicitor properly advised, our clients would not have purchased the property. Once the property had been purchased, our clients sought to establish rights of way and this was subject to Court proceedings that were determined in January 2014 and which were not successful. As a result, our clients are now suing their former solicitors for losses suffered in regards to a fall in the property price and solicitors costs in dealing with the original conveyancing and the right of way litigation claim. This litigation settled for a significant sum prior to trial.
  • Acting for a company who are suing solicitors for failing to properly prepare a legal charge which was being given as security for a commercial rent debt. This litigation is ongoing.
  • Acting for a short term mortgage finance provider who sued a solicitor for breach of an undertaking given during the course of a property transaction. The case settled shortly before trial with a significant sum being paid by the solicitor’s insurers.


Conveyancing & Property Negligence

Most conveyancing and property transactions involve many steps and a procedure which must be followed so that a transaction is completed efficiently and effectively.

Unfortunately, if the required steps are not followed, this can often cause a loss giving rise to a property negligence claim. Unfortunately, such claims are now quite common and make up a large proportion of professional negligence claims brought.

If you retained a solicitor in relation to a commercial or residential property transaction, and that solicitor has provided poor advice which has resulted in a loss, you may be entitled to bring a property or conveyancing claim against the professional in question.

Examples of when a property solicitor may be negligent:

  • Failing to register an option or other property interests;
  • Failing to undertake necessary property searches;
  • Failing to warn a client that there was no right of way;
  • Failing to warn a client that the property did not have the proper planning permission;
  • Failing to check the tenancy rights of any tenants occupying a property;
  • Failing to warn a client of the risks involved in carrying out repairs to a property prior to the exchange of contracts;
  • Failing to warn a client of the risk involved in exchanging contracts on a purchase before exchanging contracts on a sale;
  • Failing to warn a client of the dangers in exchanging contracts on a purchase prior to arranging a mortgage;
  • Failing to notice that a lease of business premises restricted the use intended by a client;
  • Failing to advise properly on the terms of a lease or tenancy agreement;
  • Failing to ensure entries are removed from the property register prior to completion;
  • Failing to spot a defect on the title or ownership of a property;
  • Failing to advise properly upon rent review;
  • Failing to comply with a client’s instructions; and
  • Failing to properly break a lease.

 

Our Experience with Conveyancing & Property Negligence

  • Acting for some private individuals who are suing their former solicitors in relation to a property situated in the Lake District. The solicitor was informed that the property was being purchased for investment purposes with a view to redeveloping it into commercial or residential units. The solicitor failed to advise properly on the rights of way the property benefited from. Had the solicitor properly advised, our clients would not have purchased the property. Once the property had been purchased, our clients sought to establish rights of way and this was subject to Court proceedings that were determined in January 2014 and which were not successful. As a result, our clients are now suing their former solicitors for losses suffered in regards to a fall in the property price and solicitors costs in dealing with the original conveyancing and the right of way litigation claim. This litigation is ongoing but it is anticipated it will be settled shortly by the insurers acting for the solicitors.
  • Acting for an individual who sued his former solicitors as they failed to adequately check that the client owned the garden attached to a residential property the client was purchasing. The claim was settled through correspondence part way through the court proceedings.
  • Acting for a company who are suing solicitors for failing to properly prepare a legal charge which was being given as security for a commercial rent debt. This litigation is ongoing.
  • Acting for a short term mortgage finance provider who sued a solicitor for breach of an undertaking given during the course of a property transaction. The case settled shortly before trial with a significant sum being paid by the solicitor’s insurers.


Personal Injury Negligence

If you retained a solicitor or a barrister to represent you in a personal injury claim, and that solicitor or barrister has failed to properly advise you, or had settled your claim too early or for too little, you may be able to bring a negligence claim.

It is common for individuals to feel short changed with their personal injury claims, however this does not have to be the case. When a solicitor works on a personal injury case they are expected to provide the best possible outcome available for the client. However in some cases the solicitor in question will fail to gain the appropriate compensation or in extreme circumstances the case is struck out of Court.

Our specialist professional negligence team has many years of experience in dealing with all areas of professional negligence. This wide range of know-how and skill allows us to provide the best potential outcome and to reassure our clients that their case will be properly handled.  Our litigation team is rated as “Top Tier” by the independent law firm directory, the Legal 500.

Examples of Personal Injury Solicitor Negligence:

  • Failing to properly advise
  • Settling a claim for a lesser value than it is worth
  • Failing to get supporting evidence to demonstrate injuries suffered or other financial loss suffered
  • Acting upon negligent advice received from a medical expert.

In addition, if an expert witness provided negligent advice whether by way of a written report or in oral evidence at court, that expert witness can also be held accountable for its actions.

Experts include doctors, engineers, accountants, surveyors or other professionals who give expert evidence in litigation. Our expert team of solicitors will be able to investigate disappointing results and advise you as to who you can bring a professional negligence claim against.

HOW WE CAN HELP


A member of our specialist team will be happy to discuss your case without obligation.

If you would like to discuss your legal options regarding solicitor or barrister negligence, please contact us or call us today on +44(0)161 941 4000 to speak with a member of our team. We will be happy to discuss your matter on a no obligation basis, to establish how we can help. We often pursue claims on a “no win, no fee” basis.

We also assist individuals with a range of professional negligence issues, for more information please visit our service page.

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Myerson Solicitors LLP
Grosvenor House, 20 Barrington Road, Altrincham, Cheshire, WA14 1HB

Tel: +44 (0)161 941 4000

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