Are you disappointed in your professional advisors? Wondering what to do when your lawyer/ architect/ surveyor is negligent? Not sure how to make a professional negligence claim? Our Dispute Resolution Team can help.
If you have received poor advice from a professional and have lost money as a result, you may be able to claim compensation from your adviser for professional negligence.
At MBM Commercial, our dispute resolution team has a strong track record pursuing claims against:
- Solicitors
- Surveyors
- Accountants
- Financial/Tax Advisors
- Architects/Engineers
How to make a claim
The first stage in any claim is to ascertain whether you have the grounds for a claim. Part of this is figuring out what your losses are. This isn’t always straightforward, so give us a call on 0131 226 8200 and one of our team of professional negligence solicitors can help you work that out. It might be useful for you to pull together all relevant documents so that we can quickly assess what your case is about.
Expert report
Once we know what the basis of your claim is and what your losses are, the next step is to obtain an expert report.
The legal test for professional negligence can be complex and expert evidence is required. An expert in the relevant field is needed to confirm that no ordinary skilled professional acting with ordinary skill and care would have done what your advisor has done. All professional negligence claims in Scotland needs to be supported by an expert report.
We have contacts with numerous experts in a number of fields and can introduce you to the right person to assist with your claim and can instruct them on your behalf.
Once we have an expert report supporting your claim, it requires to be formally intimated on the person who has caused you loss. This is usually done in the form of a letter setting out exactly what has gone wrong, and what the legal test is. This is supported by the expert report.
In most cases, the relevant organisation or individual will be backed by insurers who will appoint solicitors to act on their behalf, and in a lot of cases we are able to negotiate a mutually agreeable settlement.
Is court action always necessary?
Not everyone wants to go to court. Court actions can be costly and stressful and being nervous of that is completely understandable. However, that should not put you off speaking to a solicitor about your claim.
Most of the time, cases can be settled without even raising a court action. We have the relevant skill and experience within our team at MBM Commercial to ensure that the best settlement is achieved at the earliest possible opportunity - avoiding the stress of court if at all possible.
Timing
You cannot raise your claim at any time. You only have 5 years from the date that you became aware of the loss suffered to make your claim. After this time, the relevant person or organisation have no responsibility to make your loss good. It is important that you take professional advice as soon as possible so that your position is completely protected, and the best possible settlement is achieved.
Costs
MBM is a pioneer in fixed-fee services, including the dispute resolution group. We offer clients a fixed fee for their entire litigation no matter how big, small or complex their case.
By providing you with an upfront, fully itemised budget for the entire case, you benefit from certainty and clarity, knowing how much it will cost from start to finish. No hidden surprises! You can also pay each stage of the litigation as a fixed-fee instalment, allowing you to budget appropriately and spread the cost over several months.
Alternative Dispute Resolution
Mediation
If both parties agree, mediation can be a great tool in settling your case outwith court. Mediation is a process where you meet (virtually or in person) with the other party and a trained, professional mediator with the aim of coming to a mutually agreeable settlement. The mediator will not make any decisions on your behalf, but will try to work with both parties to reach an agreement. Both parties must agree on who the mediator is, meaning that they are neutral and can help you settle the case in an impartial manner.
Arbitration
Arbitration is a more formal process than mediation. It is not unlike court, whereby the arbitrator makes a decision, rather than both parties coming to an agreement. The decision of an arbitrator can be enforced in the same way as a court order. The benefit of arbitration, however, is that the arbitrator will be experienced in the area of the dispute and both parties agree on who the arbitrator should be.
Court
If court action is necessary, we can discuss funding with you and will keep you informed of the procedure and cost at all stages. Our team is particularly experienced and are well placed to deal with all aspects of your professional negligence claim.
Trusted Guidance
Deciding to sue for professional negligence is not an easy decision. At MBM, we will be with you every step of the way to guide you through the process. We’ll assess:
- Whether the advice received fell short of professional standards
- The merits of your case – strengths and weaknesses
- The various options available to you to help put things right:
- Negotiated monetary settlements
- Court Actions
- Mediation
- Third-party Ombudsman claims
The team navigated through a very complex legal battle and communicated very effectively throughout the process.
