How do I start my claim?
We undertake a large amount of professional negligence work and so are familiar with the issues which typically arise in dealing with insurance companies were often appoint city practices to defend the claim. The first step would be to send a pre-action protocol letter to the professional with that professional instructing his insurers who in turn instruct lawyers to defend. The process requires the claimant, the person doing the suing, to provide the defendant four months to investigate matters and to serve their response to the letter of claim. If the matter is not settled within the pre-action stage, then the claimant has the option of proceeding to court. One of the disadvantages in going to court these days is the amount of the court fee which the claimant must pay to issue the claim, which in most cases will be 5% of the value of the claim and therefore if the claim is worth £100,000, the court fee alone is £5000. Another disadvantage with going to court is that cases can take up to 2 or 3 years to be heard at trial. Thirdly and by no surprise, litigation is not only an expensive process, but it also carries with it certain risks including that of uncertainty and being required to pay other side’s costs, known as adverse costs, in the event you lose at either a hearing, or at trial at the end the case.
It is therefore imperative that you take sound advice early on in seeking to obtain the best available outcome of litigation is a risky business and it requires experienced litigators to take you through the process to hopefully obtain the results you deserve.
The courts also encourage both the claimant and the defendant to attend ADR, which stands for alternative dispute resolution another name for settlement. Mediation is normally the preferred option for parties involved in litigation to sit down and try and resolve their differences by the assistance of an experienced mediator who floats between both sides in private and seeks to bridge the gap between their respective positions. In our experience, mediation is an excellent way of seeking to resolve the dispute with the assistance of skilled and independent professional whose main job is to end the dispute at mediation without pursuing costly and drawn out litigation. A skilful litigator will necessarily have strong negotiation skills to assist in bringing the dispute to an end with a favourable outcome, and we at WLL take immense pride in our strategic thinking and ability to negotiate well.
Will my claim be successful?
In order to bring the successful negligence claim against a professional, a claimant i.e. the person bringing the claim must demonstrate to the court that the professional in question owed them a duty of care which is normally established by them being a client in the first place, secondly that professional breached his duty of care, thirdly that the professional by either doing something failing to do something, often referred to as an omission, caused the client a loss, being the fourth hurdle the claimant is to prove to the court.
Why choose us?
WLL aim to resolve disputes quickly and cost-effectively to allow our clients to focus on more productive matters, in seeking to avoid expensive court proceedings.
If you are thinking of bringing a claim against a professional adviser, please feel free to contact our firm to seek expert advice by completing the form for a fixed fee consultation.
We recognise that a large portion of our clients are busy with heavy work commitments and therefore we are agreeable to arrange consultations out of normal business hours.
Funding and Solicitor’s Costs
We are able to talk you through the best options for you which include:
- Fixed Costs Consultations
- Fixed Fees
- Staged Engagements (where the scope of engagement is defined)
- No-Win No-Fee Conditional Fee Agreements (CFA)
- Funding Options – Litigation Finance and Funding
- Adverse Costs Insurance – ATE Funding
- Debt Based Agreements (DBA) – contingency style arrangements
How to make contact
To find out more about how we can help, to discuss your potential claim or to start the process, please call us on 0207 889 0100 or email us on firstname.lastname@example.org .
We can assist wherever you are based, but we also have offices in London.
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