Professional Negligence

Professional Negligence

“It’s a very thorough team. They are certainly switched on to look for outcomes whenever possible.”
Chambers UK 2017

Businesses and individuals depend on their professional advisors to protect them from specialist areas of business and personal risk. When a professional fails to protect their interests, they can suffer severe financial harm.

Claims can arise from simple administrative errors, technical and legal errors or even a wilful disregard for a client’s best interests. This can result in significant financial losses, wasted costs, hours of management time and considerable personal distress.

Clarke Willmott has a large, specialist professional negligence team within its Litigation Division. It is one of the largest claimant teams outside London. We help people and organisations of all sizes to recover these losses.

We act for major financial institutions, pension funds, construction companies, the agricultural sector, Local Authorities, the Crown Estate, the FSCS, private clients, unions, professional organisations, listed companies, private companies, property management companies, engineering companies, law firms, insolvency practitioners, health trusts.

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

  • Analysing the role of specialist professional advice in business and personal decisions in order 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
  • Pursuing Pre-action Protocols to explore the possibilities of resolving disputes before proceedings are issued and preventing the abuse of those protocols by defendants.
  • 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 Act 1930, 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.

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

  • Its depth, breadth and ability to draw on a wide range of specialist disciplines from across the firm.
  • Knowledge 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 barristers.
  • 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.
  • 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 be pursued.

We pride ourselves in the fact that we are frequently instructed to assume conduct of claims from other firms, where clients have become dissatisfied with the service that they have received. 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.