David Osborne has recently succeeded in obtaining a settlement for a client by way of a professional negligence claim against their former solicitors. The solicitors in question had been instructed by the client in relation to the sale of a building development plot and had undertaken their conveyancing. However, when completing the sale, the solicitors failed to transfer liability for the Community Infrastructure Levy that was attached to the plot to the buyers. The result was that the client ended up having to pay the levy. Clearly this was not acceptable, and they asked Fraser Dawbarns to pursue a negligence claim against the conveyancing firm. Our client has now been reimbursed for the majority of the levy and a contribution to their legal costs.
David comments: “Anyone who instructs a professional firm has the right to expect that they will get the advice and service that they pay for, whether from a law firm, an accountancy practice, a firm of property agents, financial advisers, or architects. Occasionally something goes wrong or is overlooked, usually through human error, and as a result the client is left out of pocket. Most Professional firms are all obliged to take out insurance to cover eventualities like these so if you feel that your adviser has been professionally negligent and you have suffered financially as a result, it is always worth seeking advice about the possibility of bringing a professional negligence claim”.
This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances. Fraser Dawbarns LLP are always happy to provide such advice.
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