Insights

Duty to mitigate

The duty to mitigate in professional negligence claims

The duty to mitigate arises as soon as an individual or business suffers loss at the hands of a professional adviser and can give rise to much confusion and uncertainty. In this article, and using case examples, we examine the nature of the duty and how it operates in practice.

SRA consultation on PII reform

SRA consultation on PII reform for solicitors

In this post we summarise and comment upon the consultation paper issued by the SRA in March 2018, setting out its proposals to reform the professional indemnity insurance requirements for solicitors.

Steel v NRAM

Can one party rely on the solicitor of another?

In the recent case of Steel & Another v NRAM Limited, the Supreme Court had to determine whether a solicitor instructed exclusively by a borrower, owed an actionable duty of care not to cause loss to its lender.

Tale of the unexpected

A tale of the unexpected

In this article we warn of the risks for solicitors and other professionals of failing to advise clients on matters incidental to their retainer.

Professional indemnity insurance

Professional Indemnity Insurance – A Claimant’s Guide

In this introductory guide for claimants we explain what professional indemnity insurance is, what benefits it provides to companies and individuals wishing to pursue a claim for professional negligence and how it operates in practice.

Closed firm or practice

Claims against closed professional firms and practices

In this article we examine the support mechanisms available to claimants who discover that the professional firm or practice considered liable for professional negligence has ceased trading.

Disputing solicitors' fees

Disputing solicitors’ fees – A client’s guide

In this guide for clients we examine the different options available to you for disputing solicitors’ fees and charges and the circumstances in which they might be best pursued.

Legal Ombudsman Complaints Service

Legal Ombudsman Complaints Service – An Independent Guide

In this independent guide, we explain what the Legal Ombudsman is, how it works and what the advantages and disadvantages of using it can be.

Personal liability of employees

Personal liability of employees: An emerging issue

In this article, we explain why the issue of employee liability is gaining prominence, the competing arguments it gives rise to and the different approaches that have been taken to it by the courts.

Third party claims for professional negligence

Third party claims for professional negligence

In the field of professional negligence, third party claims are more prolific than in any other area of the law of negligence. Here we explain how third party claims arise in relation to different professional disciplines. 

Compensation for professional negligence

Compensation for professional negligence: What can I recover?

In this substantive guide, we identify and explain the different types of loss and damage that are commonly awarded by the courts in claims for compensation for professional negligence.

Claims against insurance brokers.

Claims Against Insurance Brokers – A Brief Guide

In this brief guide we provide answers to a number of the questions frequently asked by businesses and individuals contemplating a professional negligence claim against an insurance broker.