Avoiding litigation, where necessary, and reducing claim costs

31st January 2015 by

 

If you are considering the possibility of making a claim for professional negligence, the first thing we will do is ask you some basic questions about the details of your dispute. For example, there are strict time limits in place that mean it might not be possible for you to proceed if the claim has been time-barred. Alternatively, these time limits might make it imperative that you act without delay.

All information related to your dispute – including advice, dates, correspondence, fees paid to the professional etc – could be significant so once you have made your initial enquiry, it is vital that you pass every relevant piece of evidence to our team, however trivial it might seem.

Professional negligence – the new fast-track reality

Since 2014 courts in England and Wales have tried to encourage efficient and early settlement of professional negligence disputes – this is with a view to reducing costs for all parties concerned, whether claimants, defendants, professional negligence lawyers, insurers or the courts.

However, this desire to ‘fast-track’ claims has placed new responsibilities on claimants, defendants and their legal teams.

For example, litigation is now viewed as being an ‘option of last resort’ for certain types of dispute and courts take a very favourable view of parties who make genuine attempts to use the alternatives – for example, mediation, ADR and, of course, the relevant pre-action protocol.

In the post-Jackson legal reform world, frankness, good faith and transparency are key to the successful settlement of a dispute. Both claimant and defendant must show willingness to exchange information and evidence and, where possible, to embrace the above-listed alternatives to litigation.

In fact, any party to a dispute who does not, in good faith, take reasonable steps to avoid a case unnecessarily going to court may face censure or even penalties when a case eventually does go before the judge. Furthermore, courts are now much stricter about ensuring that costs incurred are both reasonable and proportional, while, unlike in the pre-Jackson reform world, some costs may not be recoverable.

Claims for professional negligence with Healys LLP

Healys LLP, professional negligence lawyers in London and Brighton, has many years of experience representing clients in claims for professional negligence against the following:

  • Solicitors, barristers, claims handlers and legal advisors
  • Architects, builders and engineers
  • Real estate agents and surveyors
  • Accountants, auditors and tax and financial advisors

We also provide frank and detailed advice regarding the viability of your claim and inform you in writing of the likely costs of your case. We also provide flexible funding arrangements which we can tailor to meet your particular needs.

For more information about making a claim for professional negligence contact us today by using one of the options listed on the left-hand side of this page.