Our Professional Negligence team have provided some frequently
asked questions when making a claim against a professional:
is my claim against a professional?
The following persons are examples of professionals:
- surveyors
- architects
- solicitors
- accountants
- financial advisers
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what are the time limits?
There is a six-year time limit for bringing a claim in
professional negligence. When the six years have passed it still
may be possible to bring a claim if the date when you first became
aware of the circumstances that gave rise to a claim was a date
within the last three years.
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how long will it take?
The length of a claim is dependant on a variety of factors.
These include whether liability is admitted quickly or denied
and whether further investigation is required. In addition, in some
cases, one party may blame another party for the loss you have
suffered, in which case, each potential responsible party has to be
fully investigated.
Professional Negligence claims are governed by the Professional
Negligence Pre-action Protocol which sets out what information and
documents each party has to provide to the other at the outset of
the case and before proceedings are started. It also sets out time
limits for doing this.
We will keep you fully updated on the progress and try our best
to advise how long the claim will take to reach a conclusion.
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what do I have to do?
Ultimately, you need to prove your case. You need to be able to
provide, if available, details of contractual documentation,
invoices, correspondence, emails, photographs, or any other
evidence that is personal to your claim. In some cases, expert
evidence will also be required.
You will also be expected to respond to correspondence sent to
you and provide assistance on your claim when asked of you. We
strongly recommend that you keep all documentation relating to your
claim safe.
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