Professional Negligence (Dispute Resolution)

Professional Negligence

Businesses and individuals rely more and more on the advice they receive from professional advisors. However, in times of growth, views are often expressed or advice given which is over-optimistic or even wrong. While conditions are good, such advice is rarely challenged. In the current economic environment, with businesses under pressure to root out non-performing assets, it is hardly surprising that professional advice has come under the microscope and bad advice, breaches of duty and even fraud has been exposed. The problems caused by claims arising from such advice range from the amount of time involved in bringing a claim to the prospect of unwanted publicity for the various parties involved.

Why we are different

The handling of claims against other professionals demands a team which combines experience and intellect. A team such as ours at Mishcon can assess each case on its own merits and respond in an aggressive or measured manner as appropriate. We have a particular eye on a longer-term relationship that our clients have with their other advisers and endeavour to resolve claims using alternative dispute resolution processes where appropriate.

We act for businesses, investors, property developers, banks and other financial institutions, family offices and private individuals in claims against solicitors, accountants, surveyors, architects, financial advisers and other professionals.

Our practitioners are extremely experienced, having worked through previous UK recessions, and many of our claims settle without litigation. Where this is not possible, we also have extensive trial experience.

Key Services

  • Advising in relation to negligently constructed properties, bringing claims against architects, building contractors, quantity surveyors and engineers (civil, structural, mechanical and electrical)
  • Acting for lenders against solicitors and surveyors in respect of fraudulently obtained loans and advising in respect of negligently prepared valuations and reports on property titles
  • Acting for individuals and companies in respect of advice received from accountants, including negligently prepared accounts, and for executors and beneficiaries in respect of negligently drafted wills

Key Experience

Our team has recently advised the following:

  • A claimant in their successful case against a ‘Big Four’ accountancy firm.
  • A leading bridging finance lender in recovering a significant mortgage advance obtained by fraud.
  • A property developer in respect of a claim against solicitors and counsel where the latter two had advised that proceedings should be taken all the way to a High Court trial. (Doomed advice from the start because the solicitors and counsel had advised wrongly on the law).
  • Dr Alison Martin in her successful claim against TWM solicitors for their negligent will drafting and their advice relating to her pension and tax benefits. (Martin v Triggs Turner Barton and Ors [2009] EWHC 1920 (Ch) and also Martin v Triggs Turner Barton and Ors [2008] EWHC 89 (Ch)).
  • Advising a client in respect of a claim against solicitors and counsel where the latter two had advised that proceedings should be taken all the way to a High Court trial. (Doomed advice from the start because both solicitors and counsel had got the law wrong).
  • A small business on a claim against solicitors who gave wrong advice in relation to a case in the Court of Appeal which led to a valid appeal being struck out for procedural reasons.
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