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MenuWhen a person or business buys a burglar alarm system, they do so in the expectation that it will help prevent the theft of their valuable belongings. In the event that the alarm system fails to perform a reasonable job, and financial loss is sustained as a result, it may be possible to make a professional negligence compensation claim . Continue reading →
The incidence of scaffolding professional negligence is reflected in the cost of liability insurance premiums most scaffolding firms are required to pay.
Although these premiums may account for a considerable proportion of a scaffolding firms’ expenses they are a necessary part of ensuring cover in the event of a professional negligence claim, whether it is made by a client, a sub-contractor or indeed any adversely affected member of the public.
However, by following a few simple steps, clients can minimize the risk of being affected by negligent scaffolding work. Continue reading →
If you are considering a claim for compensation because of the professional negligence of a construction contractor, you should be aware that there is a protocol for all construction and engineering disputes – including for work performed by architects and quantity surveyors.
The protocol is approved by the courts and aims to facilitate the early exchange of evidence between disputing parties so that expensive and lengthy litigation can be avoided – correct use of the protocol can also help clarify which matters are crucial to a dispute and thereby reduce the amount of time wasted on distractions and extraneous issues.
The majority of professional negligence construction claims which are brought in front of a judge come before the Technology and Construction Court. There are many advantages to having a specialist court division to hear these cases, not least because they are incredibly well-versed in all the legal and technical issues which are often critical to a claim’s outcome.
For example, judges have in-depth and specialised knowledge of important pieces of relevant legislation such as the Construction (Design and Management) Regulations 1994, the Defective Premises Act 1972, and the Housing Grants, Construction and Regeneration Act 1996.
Where appropriate, cases may be referred for court-enforceable adjudication. Although these are cheaper and less time-consuming than court proceedings, they are still binding and should always be treated as such. Continue reading →
Builders negligence can derail a project and end up costing the client a fortune. Of course, there is always risk, from inception to completion, that something might go wrong, but it is when negligence causes the mistake and financial loss is suffered that the client can claim compensation.
The professional negligence lawyers at Healys LLP can help you establish liability, building a strong evidence-based case for compensation against the builder, construction contractor, surveyor, architect, or engineer who caused you to sustain loss. Continue reading →
If you are considering a claim for professional negligence, you will need to consider carefully any potential costs associated with your claim – your lawyer should provide you with detailed estimates and analysis to help you fully understand the possible cost-benefit of the action.
Unfortunately, many litigants fail to consider the realistic impact of costs and fees and can sometimes become involved in costly litigation that saddles them with disproportionate fees.
Costs should always be appropriate and should, where possible, be broken down in such a way as to be clear, transparent, and entirely accountable – where costs are calculated poorly, courts may decline to give them approval. Continue reading →
There is a threefold test for claiming for construction negligence. This is as follows:
In some cases it might be relatively straightforward in building up a case that meets this three-fold test. However, in some claims there is more complexity, particularly when it comes to ascribing liability. Continue reading →
If you have suffered financial loss as a result of the negligent actions of any kind of professional, it may be possible to claim compensation. The specialist professional negligence lawyers at Healys LLP bring clarity and direction to the dispute process and can help you find the best possible resolution in your circumstances.
Sometimes, the best method of resolving a professional negligence dispute will be to avoid litigation if at all possible and to employ the less adversarial processes of alternative dispute resolution (ADR). Continue reading →
Based in London and Brighton, Healys LLP bring innovative and authoritative legal solutions to clients looking to make a claim for professional negligence.
We have expertise across the full spectrum of professional negligence specialisms, including the following:
In any professional negligence claim it is necessary to prove that the defendant owed a duty of care, breached that duty of care and that the breach had causation in the claimant sustaining significant financial loss.
However, in some cases where negligence occurs it may not be necessary to meet usual evidential standards in establishing that negligence was the precise mechanism by which loss was sustained – instead it may be necessary only to prove that the damage caused is consistent with what would be expected with the nature of the defendant’s negligent work.
This is a principle derived from case law in cases such as Drake v Harbour [2008] Continue reading →
If you believe that the professional negligence of an architect, construction professional, quantity surveyor or engineer has caused you to sustain significant financial loss, your first step to seeking resolution and redress of your grievance should be the Pre-Action Protocol for Construction and Engineering Disputes. Continue reading →
