A dispute with a professional can be a worrying and financially devastating experience for a small business or individual. An architect may have made mistakes in the design of a building, a solicitor may have provided inappropriate advice, or an insurance broker may have failed to arrange adequate insurance.
Pursuing a complaint or claim against a professional in situations such as this can be daunting. Invariably, the professional will have professional indemnity insurance against claims and will therefore be armed with high quality legal representation, paid for by insurers, and the financial resources to defend a claim robustly.
Alterations to the civil court costs rules which came into force in April 2013 mean that it is now more difficult for an individual or small business with a strong claim against a professional to recover all of their losses by way of litigation. The principle reason for this is that to sue a professional it is recommended to take out a legal expenses policy. These policies carry significant premiums, often into 6 figures for costs cover of say £350,000, which is typically the level of cover needed for a fairly standard professional negligence claim. Before April, if a case succeeded, the insurance premium would be recovered from the professional. Post April 2013, the premium is paid by the claimant. Effectively, this means a significant discount to the recoverable compensation.
Bearing in mind these issues, to avoid the injustice of small businesses and individuals being unable to obtain adequate redress in situations where they have been let down by a professional, a fresh and innovative approach to professional negligence disputes is warranted. Claire Collinson Legal provides a bespoke approach for all professional negligence situations and will work with you to identify the most appropriate strategy to achieve a fair resolution at a proportionate and affordable cost.
Litigation will be considered as an option, but will be treated as a last resort. Other methods of dispute resolution which Claire Collinson is able to provide representation or advice and guidance for include referrals to the Financial Ombudsman Service (which can be appropriate for professional negligence claims against insurance brokers and some investment professionals) and referrals to the Legal Ombudsman (for disputes with solicitors and some other legal professionals). We will approach your case as entirely unique and advise on other possible options such as mediation, reference to an expert for an evaluation, direct negotiations and without prejudice correspondence.
We are committed to levelling the playing field for small businesses and individuals facing a dispute with a larger organisation with deeper resources and have the experience and commitment to provide a top class service in an innovative manner.
