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Advice on Professional Negligence Claims

Advice given by professionals will be of the utmost importance to the client relying on it and be fundamental to business decisions. This may include examples such as legal advice on a significant transaction, an architect assisting with a construction project, engaging a chartered accountant to advise on a company valuation or a barrister advising on a course of action prior to court proceedings being commenced.

It is a fact of life that even the most careful professionals can make mistakes. Unfortunately, even the smallest error in advice given can have significant consequences leading to substantial losses, which may jeopardise the business itself.

Whilst businesses who have already suffered from poor advice will not relish to idea of becoming embroiled in complex and costly litigation, it is crucial that the advice and legal representation is sought as soon as possible.

Because most professionals carry indemnity insurance to cover claims in situations such as this, when claimants start the process of bringing a claim against the professional, the insurer will often handle the matter from the outset. Insurers will commonly defend claims and deny blame (liabilty) and/or the value of the losses claimed (quantum), in an attempt to dissuade claimants from taking the matter to court or fighting the case to trial. However, we also know that advocating the right arguments in the right way will often lead insurers to settle a case shortly after proceedings are issued as it is often cheaper for them to do so.

At Forbes, our dispute solicitors are able to represent a claimant from start to finish. We will guide the client through the pre-action protocol, issuing and handling the negligence proceedings at Court and representing the claimant in settlement negotiations and mediation.

With our experience in this particular field, we quickly analyze the strengths and weaknesses of a particular case to best present the client's arguments with the aim of reaching a suitable settlement as soon as that opportunity arises so as to minimize the client's costs.

For more information contact Stephen McArdle in our Business Dispute Resolution department via email or phone on 0333 207 1142. Alternatively send any question through to Forbes Solicitors via our online Contact Form.

Learn more about our Business Dispute Resolution department here

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