Negligence
We work closely with our clients to assess their case both for a civil claim in contract and a claim in tort for professional negligence.
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Call: +44 1904 217184
Email: enquiries@pw-la.co.uk
Professional Negligence
A professional providing services to any client is obligated to do so with reasonable care and skill. The obligations of a professional are implied into any contract or retainer terms. A civil action arises in Contract and in the law of Tort.
Civil Action in Contract
The scope of the professional’s duty of care is determined by the terms and what is intended to be provided under the retainer, together with the client’s instructions and the relevant professional regulatory and legal context.
Civil action in Tort – the performance of the duty of care is usually judged by reference to ‘the standard of the ordinary skilled man exercising and professing to have that special skill’. This was established in a case called Bolam. In some cases, the court will depart from that standard if it imposes unacceptable risk or is illogical.
The issue of the professional’s liability for negligence may be determined by reference to the quality of risk advice given by the professional, whether the client was properly informed of material risks. A professional could also be liable for negligence if despite being correct about a matter of interpretation if the court considers that they should have warned the client that others could take a different view.
The role of professional regulation may also be significant in some circumstances, such as codes of conduct which if breached giving rise to professional liability.
Further Information
Most regulatory schemes provide a framework for client complaints, redress and compensation that exists alongside the court jurisdiction.
In addition to a failure to discharge the duty of care, a professional may also be found liable on other grounds (e.g., for breach of warranty of authority, for breach of trust when safeguarding client funds, and for breach of fiduciary obligations of loyalty and of acting in good faith in the best interests of the client).
The limitation period which is the time by which a claim should be brought in professional negligence disputes is the six-year period for causes of action in Contract and Tort. The six-year period starts on the date that the cause of action accrues. In contract, it is usually quite straightforward to establish the date of the accrual; it will be when the defendant’s breach of contract occurs irrespective of when damage is sustained. In tort, the cause of action accrues upon the claimant sustaining actionable damage. This is often later than the date on which the breach of contract occurs.
Prior to commencing proceedings, parties are expected to have adhered to a pre-action protocol. There is a Pre-Action Protocol for Professional Negligence Claims and a separate Pre-Action Protocol for the Construction and Engineering Disputes for claims against engineers, architects and quantity surveyors.
The aim of compensatory damages for professional negligence is to award ‘the sum of money which will put the party who has been injured, or who has suffered, in the same position as they would have been in if they had not sustained the wrong’. The courts do not compensate for loss arising from risks that were no part of the professional’s duty to protect against.
Our Fees
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Case & Document Review - £175+VAT |
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Drafting Claim and issuing possession proceedings County Court - Section 21 Notice - £175+VAT |
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Drafting Claim and issuing possession proceedings in County Court - Section 8 Notice -£250+VAT |
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Preparation Review Hearing (including document bundle) & Representation - £350+VAT |
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Court Fee to Issue Proceedings(subject to change) County Court - £415 |
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Advocacy fee in addition if required for final hearing - £400-£950+VAT |
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Warrant of Possession (drafting plus Court fee (£152-subject to change) |
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Transferring up proceedings to High Court for writ of possession and control (Optional for Judgments over £600, must be used for judgment over £25000) Writ of Possession(includes High Court Enforcement agency instruction) - £250+VAT |
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Why Choose PW-LA?
WHY SHOULD YOU INSTRUCT PW-LA REPRESENT YOU?
EXPERT alternative dispute resolution
With specialist expertise in dispute resolution, PW-LA delivers comprehensive litigation and advocacy services focussing on tailored fixed fees to meet clients’ specific budgets and desired outcomes.
CLient centred approach
Clients are priority receiving equal attention to your unique experiences, perspectives and circumstances; listening to your concerns with empathy and understanding, and acting in your best interests is the service you can expect. Taking care to ensure your budget aligns with your expectations and achieving that best desired outcome. You will receive clear, practical advice and representation, guiding you through the legal process with transparency, at all times mindful of legal costs to pursue or defend a case.
embracing advanced technology
PW-LA embraces the latest technology and tailored specialist legal AI software, passing on the benefits of reduced preparation times, and adding savings on costs. Providing you with convenient and efficient litigation and advocacy services. From virtual consultations to flexible communication options, including WhatsApp and Zoom, we ensure that you can access our services anytime, anywhere.
Get in touch today
Get in touch with PW-LA today for an initial free, no obligation consultation.
Our registered office is at Tower House Business Centre, Fishergate, York, YO10 4UA, United Kingdom.
