Professional negligence for businesses and individuals

How we can help

We advise our clients at all stages of professional negligence disputes and employ the dispute resolution processes that afford them the greatest certainty in terms of cost, timing and outcome. This includes:

• Analysing the role of the advisor in providing specialist professional advice in business and personal decisions to assess the basis for claims.
• Assessing the case for negligence, including assessing claims of contributory negligence.
• Assessing the compliance of professionals to the demands of their regulatory bodies and national/EU regulators.
• Providing an early, detailed evaluation of the merits of a claim and pragmatic advice on the most effective strategy for resolution.
• Assisting in the calculation of the client’s loss. We have a wide network of experts who can assist us with that calculation, if required.
• Pursuing Pre-action Protocols to explore the possibilities of resolving disputes before proceedings are issued and preventing the abuse of those protocols by defendants.
• Engaging in alternative dispute resolution, such as mediation, to try and get a sensible and commercial outcome at the earliest stage of the proceedings, and before significant costs are incurred;
• Advising on insurance coverage issues where insurers attempt to avoid cover.
• Advising on other ancillary issues arising out of the Limitation Act 1980, third party rights against insurers, Civil Contributions Act 1978.
• When cases do reach the courts, we ensure that our clients have the best chance of a positive outcome. And we have a strong track record of success in the courts at all levels.

Why choose Clarke Willmott for professional negligence claims

The success and reputation of our professional negligence practice derives from:

• The depth and breadth of our experience and our ability to draw on a wide range of specialist disciplines from across the firm.
• A thorough understanding of the tactics deployed by the professional indemnity insurance companies that control the defence of claims.
• Ability to understand and pursue our clients’ commercial objectives.
• Network of working relationships with independent expert witnesses and specialist .
• Open and pragmatic advice about how to bring a claim to an early resolution with the right result.
• Innovative approach to cost effective management and funding of disputes without compromising quality.
• A willingness to underwrite our advice with our fees. Where appropriate, we will offer conditional fee arrangements to clients where we advise that their claim should

We also pride ourselves on the fact that we are often instructed to assume conduct of claims from other firms where clients have become dissatisfied. We have an impressive record of ‘turn arounds’ where we have applied our specialist experience to rescue claims that were failing before they came to us.