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Professional Negligence

Taking claims seriously

At Caunters Solicitors we can advise and act for you in relation to claims against professionals such as accountants, financial advisers, solicitors, surveyors and architects.

What we need to ascertain

In order to make a claim the professional involved must have owed you a duty of care,  the professional must have breached that duty of care and the breach must have caused you a loss.  There will normally be a written agreement or retainer confirming that a duty of care exists however duties can arise in other circumstances such as where the professional holds themselves out to have a particular expertise and gives you advice.

For there to be a breach of the duty of care it is not necessarily enough that the advice given was incorrect.  The professional must have fallen below the standard that can be expected from a reasonably competent member of the profession.

The next element is whether the negligent advice caused you a loss.  This will not be the case if you did not rely on the advice given.  Causation is a complicated issue and our solicitor can advice you fully on whether you are likely to be able to show a Court that the advice you received and acted on caused the loss you suffered.

Other issues which may impact on a claim of this nature are the duty for a claimant to take steps to minimise any loss suffered and also whether you may have in any way contributed to the loss which may affect the level of damages a Court would award.

In common with other litigation claims, professional negligence matters are complex and expert legal advice is vital.  Caunters can provide you with expert advice on the potential of any professional negligence claim. Please call for more information.

Call Liskeard (01579) 343165

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