When dealing with a professional advisor, clients expect to be provided with the highest standard of guidance to help them make crucial decisions.
If things go wrong, and they may, you will want to be aware of the rules which apply to bringing a claim for professional negligence. If you reside in the capital and find yourself in these circumstances, you may wish to contact a London law firm. A first step is to check online and search for companies, which you will find at sites such Forsters, alongside many more options.
Difference Between Contractual Law and Tort
Claims can be brought because a professional is in breach of the contract you agreed or because of negligence in the case of a tort. They are not mutually exclusive, and a tort is a civil wrong causing harm or loss to another person, and action can be taken for damages. Often the existence of a contract between the parties can lead to an action involving a breach, but a parallel duty of care can also be imposed on the professional.
What Conditions Must Be Present in Tort?
In order to take action for negligence under tort law, a duty of care must be present on the part of the professional, and a breach of that must have occurred and have resulted in loss or damage. This may occur after any contractual breach.
Who Can Bring a Claim?
Any party involved in a relationship with a professional advisor may bring a claim. However, as well as the named client other third parties may suffer loss as the result of a negligent professional.
Although physical damage to a third party is deemed foreseeable courts have recognised a duty of care, in the case of financial loss they are keen to avoid the spread of liability.
Recent decisions from both the Court of Appeal and the Supreme Court have suggested that they are reluctant to give rights to third parties, although in exceptional circumstances they may do so.
Taking legal advice prior to a claim is advisable.
