Key Contact
For more information please contact Stephen Eccles on 01708 229 444 or by email.
We provide a wide range of legal services to individuals and businesses through our specialist teams of solicitors across our offices.
Professional negligence claims are extremely difficult claims to pursue. It means that you have retained a professional for expert advice and assistance and that professional has failed to advise you to the standard that is required and so the advice that you have received is negligent.
In a property transaction, claims may arise as follows:
To pursue a claim for professional negligence, you need to find an alternative professional to advise you and take you through the process and establish the aspects of the advice or assistance given which were not good enough and establish that as a result of that poor advice, you have suffered a loss. Often property transactions are the most valuable an individual or company will make and expert advice is required. To have been failed by a professional in these circumstances can cause immense stress as well as financial loss.
Often, it is possible to show that a professional’s advice fell below the standard required, but this does not of itself give rise to a legal claim. In addition, it has to be shown:
The registration and discharge of mortgages in commercial property transactions are of crucial importance and if a loan against commercial property is discharged incorrectly and the lender is then left without security, that loan must be re-registered but in order to do so, strict compliance with Companies House regulations and company law will be required.
Our property litigation team have had numerous dealings with clients who had instructed surveyors who failed to adequately advise on the condition of large commercial buildings to the appropriate standard. There was even one where it was evident that a building suffered from a structural defect which, when our client came to sell the commercial property, every other surveyor identified immediately.
For more examples of professional negligence in both residential conveyancing and commercial property transaction please click here to read.
There is a strict frame work within which any claim for professional negligence must be pursued. The objective of this frame work (referred to as the pre-action protocol) is designed to ensure that both parties provide and disclose information that they intend to rely on in making that claim and in defending it. The objective is to encourage parties to professional negligence claims to have an early dialogue and to explore the opportunity of a settlement without the need and expense of a fully contested claim and Court hearing. Pursuing a claim for professional negligence can be expensive.
Although the objective of the pre-action protocol is good, it can often mean that the significant costs in pursuing a professional negligence claim are incurred from the outset. Often a report from an expert advisor is required to establish that the quality of advice given has fallen short of the duty of care and standard required of that professional.
Our specialist Property Litigation team work with a number of financial and property experts to be able to provide such expert reports and are experienced in advising on a wide range of professional negligence claims.
The team work closely with our residential conveyancing department and commercial property department and so a combined practical approach is taken to resolve disputes when they arise.
Contact us now to book a free initial consultation.
Key Contact
For more information please contact Stephen Eccles on 01708 229 444 or by email.
"*" indicates required fields
For help and advice, talk to a member of our team. They can advise on the best options in your matter.
Upminster
Pinney Talfourd Solicitors
54 Station Road
Upminster
Essex
RM14 2TU
DX: 35555 Upminster
T: 01708 229 444
F: 01708 228 163
E: upminster@pinneytalfourd.co.uk
Brentwood
Pinney Talfourd Solicitors
30 High Street
Brentwood
Essex
CM14 4AJ
DX: 5003 Brentwood
T: 01277 211 755
F: 01277 261 154
E: brentwood@pinneytalfourd.co.uk
Hornchurch
Pinney Talfourd Solicitors
40 North Street
Hornchurch
Essex
RM11 1EW
DX: 51004 Hornchurch
T: 01708 511 000
F: 01708 511 040
E: hornchurch@pinneytalfourd.co.uk
Chelmsford
Pinney Talfourd Solicitors
Elizabeth House
28 Baddow Road
Chelmsford
Essex
CM2 0DG
T: 01245 206 684
E: mail@pinneytalfourd.co.uk
Canary Wharf
Pinney Talfourd Solicitors
18th Floor
40 Bank Street
Canary Wharf
London
E14 5AB
By appointment only. Please send all written correspondence to our Upminster office.
T: 020 3105 0305
E: canarywharf@pinneytalfourd.co.uk
Leigh-on-Sea
Pinney Talfourd Solicitors
The Old Gasworks
43 Progress Road
Leigh-on-Sea
SS9 5PR
By appointment only. Please send all written correspondence to our Upminster office.
Services
Personal
Business
Online Services
Cookie | Duration | Description |
---|---|---|
_GRECAPTCHA | 5 months 27 days | This cookie is set by the Google recaptcha service to identify bots to protect the website against malicious spam attacks. |
cookielawinfo-checkbox-advertisement | 1 year | Set by the GDPR Cookie Consent plugin, this cookie is used to record the user consent for the cookies in the "Advertisement" category . |
cookielawinfo-checkbox-analytics | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics". |
cookielawinfo-checkbox-functional | 11 months | The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". |
cookielawinfo-checkbox-necessary | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary". |
cookielawinfo-checkbox-others | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other. |
cookielawinfo-checkbox-performance | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance". |
CookieLawInfoConsent | 1 year | Records the default button state of the corresponding category & the status of CCPA. It works only in coordination with the primary cookie. |
viewed_cookie_policy | 11 months | The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data. |
wp_law_pdfbuilder_bespoke | 1 Year | Needed for the saving of profiles for PDFs functionality to work |
wp_law_pdfbuilder_list | 1 Year | Needed for the saving of profiles for PDFs functionality to work |
Cookie | Duration | Description |
---|---|---|
_gat | 1 minute | This cookie is installed by Google Universal Analytics to restrain request rate and thus limit the collection of data on high traffic sites. |
Cookie | Duration | Description |
---|---|---|
_ga | 2 years | The _ga cookie, installed by Google Analytics, calculates visitor, session and campaign data and also keeps track of site usage for the site's analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognize unique visitors. |
_gid | 1 day | Installed by Google Analytics, _gid cookie stores information on how visitors use a website, while also creating an analytics report of the website's performance. Some of the data that are collected include the number of visitors, their source, and the pages they visit anonymously. |
CONSENT | 2 years | YouTube sets this cookie via embedded youtube-videos and registers anonymous statistical data. |
Cookie | Duration | Description |
---|---|---|
VISITOR_INFO1_LIVE | 5 months 27 days | A cookie set by YouTube to measure bandwidth that determines whether the user gets the new or old player interface. |
YSC | session | YSC cookie is set by Youtube and is used to track the views of embedded videos on Youtube pages. |
yt-remote-connected-devices | never | YouTube sets this cookie to store the video preferences of the user using embedded YouTube video. |
yt-remote-device-id | never | YouTube sets this cookie to store the video preferences of the user using embedded YouTube video. |
Select the legal services that you would like to download or add to the portfolio
Title | Type | CV |
---|
Click here to share this shortlist.
(It will expire after 30 days.)
Need more information about the above People and Legal Services?
Talk to one of our clerks: 01708 229 444