What needs to be considered?
Each professional negligence claim is different.
we believe that the best results are achieved by expertly considering each claim at an early stage, and by tailoring an appropriate strategy for recovery.
By working closely with you, we quickly get to know how you operate and what you want and you will understand the information we need to assess the strength of your claim.
We pride ourselves on being open, so if we identify a viable claim we will tell you the nature of the claim and what it might be worth to you. We will suggest a tailored strategy for taking it forward and only when you’re completely happy do we take claims forward.
If we don’t consider there to be a viable claim, we’ll say so and explain why. Where we identify other steps that might reduce your loss (for example remedying defects with a property title), we’ll discuss those with you too.
To discuss whether you have a viable claim, or you would just like more information at this stage, please contact Mark Osgood.
Assessing a claim
We usually start our process of assessing a claim by:
Calculating your loss
If your loss is small (i.e. less than £15,000), it is unlikely to be cost effective to instruct a solicitor to pursue a claim.
Reviewing the original transaction/advice
To understand how the loss was incurred we need to understand the circumstances of the original transaction/advice. We view this as a sensible second step; we’ll need to look at your original records and any other relevant documents.
Investigating the professional
Large losses do not, of themselves, indicate negligence by professionals but they often justify further investigation. For example:
Surveyor claim when a property is over-valued
An initial assessment starts with an automated retrospective valuation (for residential properties.
If this indicates an overvaluation we follow up with a more detailed report from one of our nation panel of expert surveyors.
They will advise on the true value of the property, and their reasoning, that informs us as to whether the valuation by the original surveyor was negligent.
Solicitor claim for an error by a conveyancing solicitor
We obtain and review in detail the conveyancing solicitor’s file to see how they dealt with the transaction.
An assessment of whether any significant errors occurred will take place.
We will assess the financial loss and strength of pursuing a claim.
In each case, we need to understand the cause of your loss.