Professional Negligence Claims Against Solicitors

I feel my solicitor settled a claim for less than it was worth. Can I pursue a claim against them?

When you instruct a solicitor to pursue a claim for damages on behalf of your business, you rely on the solicitor to advise you on what losses you can claim and what these losses are worth. If they have neglected to include certain aspects of your claim, you may be able to claim for professional negligence.

I was successful in a claim against a builder who carried out work on my property. The builder failed to pay and my solicitor found out he has sold his assets and cannot be traced. Can I pursue a claim against my solicitor for the damages?

Unfortunately in some cases obtaining an order or settlement is only half the battle as it doesn’t guarantee that you’ll receive a payment. With all litigation there is a risk that a defendant cannot or will not pay damages even if ordered to do so. In this case, we would have to consider the circumstances of the claim, the conduct of the parties to date, and what investigations had been carried out to establish what (if any) assets the builder had.

If it was anticipated that the builder may try to avoid making a payment, then it may have been possible to obtain some security (i.e. a charge over any property he owned) for the amount due to be paid to you. However, if he did not have any assets then this would not be possible. If your solicitor knew that the builder was likely to dispose of his assets to avoid payment, then they should have advised you of your options in order to preserve your position. Equally, when the builder failed to make payment, consideration should have been given to what steps could be taken to enforce the order or agreement. 

These cases are not clear cut and we suggest you contact us so we can talk through your options with you.

A commercial tenant breached the terms of their lease. As a landlord, what can I do?

If your leaseholder has breached the terms of the agreement they have with you, you may be able to make a claim in county court. In such a case, you can seek an injunction against the tenant. The ultimate sanction would be to look for the tenant to forfeit the lease.

Can I get help with a small claim?

Unfortunately, our commercial dispute resolution team does not normally act for clients in small claims. 

A small claim is one which is valued up to a total of £10,000. If defended, it is usually heard in county court. In these cases, the court will rarely order the losing party to pay the winning party’s solicitor’s fees. As a result, we do not generally represent clients in claims of less than £10,000, because we appreciate that the legal costs can become too much when weighed up against the likely benefit, including the amount of compensation.

Where we can help you is with advice. We can help your business draft a claim form or a defence depending on whether you are claimant or defendant. We can also provide general advice regarding court procedures, including what you need to prepare.

When should I seek advice from a dispute resolution lawyer?

As commercial dispute resolution experts, we recommend that you always seek advice as soon as possible, protecting your business against escalating claims in the best way possible. 

Once we have had an opportunity to meet with you to find out all the relevant facts about your case, as well as considering all the key documents and correspondence, we will be able to assess whether you have a strong case or not.

From there, we can advise on whether your business should pursue a claim or not. In these cases, we would advise you not to pursue the claim, and instead seek to resolve the dispute as quickly as possible. 

Ultimately, we try our best to get the best result for you. And you can rest assured that your business is in good hands with one of our expert commercial dispute resolution solicitors, who will help you throughout the duration of your case.

Should I instruct a lawyer to enforce a debt owed to my business?

It’s not always advisable to instruct a lawyer to enforce a debt owed to your business. For example, if the debt is below £10,000 and you issue court claims, you are only likely to receive limited fixed costs. 

In these cases, we would advise seeking one-off advice and help from a commercial dispute resolution expert, who can help you complete court forms or draft a template letter. 

In cases where your business is owed more than £10,000, it is worthwhile to instruct a dispute resolution solicitor, as you will be awarded legal costs if the case goes to court.

What should I do if I receive a statutory demand?

If you receive a statutory demand to pay a creditor, there are a number of steps you need to take, which starts with sending a pre-action letter, before you go to court. Get in touch with our commercial dispute resolution lawyers for help every step of the way when handling a statutory demand.