Are you worried about advice you have received from a professional? Are you concerned that the professional's actions have caused you to lose money? Are you unsure around the steps to take to put things right?
Melissa Worth, a Partner at the award-winning SRA-regulated solicitors firm, Bexley Beaumont, shares how she leverages her unique expertise to guide private individuals, company executives, and business owners through the complexities of professional negligence claims.
If you're reading this, you may be concerned that a professional has made an error resulting in a financial loss for you or your business. Finding yourself in this situation can be very distressing, and I understand this because I've helped many clients in claims against professionals, securing compensation for them after things have gone wrong.
When you trust a professional—be it a solicitor, surveyor, accountant, or architect—you rightfully expect the highest standards of care and expertise. While most professionals do indeed deliver great service, things don't always go as planned. Professional negligence can have serious repercussions for business owners, private individuals, and company executives alike.
Every professional owes a duty of care to their clients, meaning they must exercise reasonable skill and care when providing advice or services. If you believe the advice or service you received fell below the expected standard and caused a negative outcome, I can help.
Unlike most other solicitors, I have represented both professionals (the defendants) and claimants, giving me a comprehensive understanding of both sides of negligence claims. This puts me in the strongest possible position not only to handle your case well, but also to make sure that you receive the compensation owed to you.
I recognise the emotional toll that professional negligence claims can take and I offer empathy and support throughout the process, making my clients feel valued and understood.
I am a solicitor and partner at Bexley Beaumont, an award-winning law firm regulated by the Solicitors Regulation Authority. I am based in Manchester, though I have clients across the country. I act for all my clients through Bexley Beaumont, and you can contact me by email melissaworth@bexleybeaumont.com or telephone 0161 529 1200.
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My experience
I bring a unique perspective to my practice because, for many years, I actually worked to defend negligence claims that had been made against professionals. This experience of the "other side" allows me to grasp the intricacies and nuances of negligence claims from all angles. This comprehensive understanding of both sides ensures that my clients receive well-rounded and effective representation at all times.
This extensive experience means I am adept at identifying potential pitfalls and opportunities that others might overlook, providing my clients with strategic advantages to help them work towards the best possible outcome.
I approach each case with a balanced perspective, ensuring that all aspects are considered and addressed thoroughly. My clients can trust that they are in capable hands, benefiting from my holistic understanding of the legal landscape surrounding professional indemnity and negligence claims.
I'd love to think that I'm approachable, down-to-earth, and deeply committed to achieving the best possible outcomes for my clients. I really look forward to hearing from you.
Who might you make a claim against?
I specialise in helping my clients with claims against various types of professionals, including solicitors, surveyors, financial advisers, accountants, and architects.
Professional Negligence Claims Against Solicitors
Solicitors are trusted advisors on legal matters (I should know, I am one), providing essential guidance and representation for their clients. However, when they fail to deliver services to the expected standard, the consequences can be severe and far-reaching. I specialise in handling claims against solicitors, ensuring that clients receive the justice they deserve.
Examples of Claims Against Solicitors
Missed Deadlines
- Missed Limitation Periods: Solicitors must adhere to strict deadlines for filing claims and other legal actions. Missing these deadlines can compromise your legal standing, potentially leading to the loss of your right to pursue a case.
- Failure to Submit Documents on Time: Solicitors are responsible for timely submission of all necessary documents in any case they are working on. Delays or omissions can significantly hinder the progress of a case and to some extent can compromise the outcome.
Poor Advice
- Incorrect or Misleading Advice: Solicitors are expected to provide accurate and reliable advice. Incorrect or misleading guidance can lead to financial loss, missed opportunities, or other damages.
- Failure to Advise on Risks: Solicitors must inform clients of potential risks associated with certain legal actions. Failure to do so can leave clients unprepared for adverse outcomes.
- Inadequate Due Diligence: Solicitors must conduct thorough research and investigations. Inadequate due diligence can result in uninformed decisions that negatively affect the client.
Inadequate Representation
- Failures in Representation: Effective representation is crucial in legal proceedings. Solicitors who fail to represent their clients competently can cause unfavorable outcomes that can be very distressing for the client that trusted them.
- Conflict of Interest: Solicitors must avoid conflicts of interest that could compromise their ability to act in a client's best interests. Failure to manage such conflicts can lead to biased or ineffective representation.
Breach of Confidentiality
- Unauthorised Disclosure of Information: Solicitors are obligated to maintain client confidentiality at all times. Unauthorised disclosure of sensitive information can have serious repercussions for the client and leave them potentially vulnerable.
- Insecure Storage of Documents: Ensuring the secure storage of client documents is a fundamental duty of legal professionals. Lapses in this area can lead to data breaches and loss of confidential information.
Financial Mismanagement
- Improper Handling of Client Funds: Solicitors managing client funds must do so with utmost integrity and transparency. Mismanagement or misappropriation of funds can lead to substantial financial loss.
- Overcharging or Hidden Fees: Clients should be charged fairly and transparently. Overcharging or imposing hidden fees can constitute a breach of trust and professional conduct.
How I Can Help
My expertise covers these scenarios and more, providing clients with the legal recourse needed to address solicitors’ negligence. If you believe you have a claim against a solicitor, contact me for a free initial consultation so that I can help you understand your options.
Please contact me by email melissaworth@bexleybeaumont.com or telephone 0161 529 1200.
Professional Negligence Claims Against Surveyors
Surveyors play a crucial role in property transactions and assessments. Errors in their valuation or survey reports can lead to significant financial losses in both the short and long term.
Examples of Negligence Claims Against Surveyors
Incorrect Valuations: Over-valuations can cause buyers to pay more than a property's true market value, resulting in financial strain or difficulty in securing financing. Under-valuations can put buyers in a stressful situation that sees them being denied a secured loan or mortgage.
Inaccurate Surveys: Failures to identify structural problems can lead to costly repairs and potential safety hazards for occupants. The stress that this places on home owners is immeasurable.
Defective Property Conditions: Overlooking issues like mould, dampness, or pest infestations can deteriorate living conditions and require expensive remediation, often rendering the property unlivable for a period of time.
Boundary Discrepancies: Errors in identifying property lines can result in disputes and legal battles with neighbours, often including the risk of needing to relocate structures.
Failure to Provide Adequate Recommendations: Inadequate maintenance advice or lack of expert referral can lead to unexpected costs and property degradation.
Inadequate Maintenance Advice: Failing to inform clients of necessary maintenance or future repair needs can lead to unexpected costs and stress for the property owner.
Lack of Expert Referral: Not recommending specialist surveys (e.g., electrical, plumbing, structural) can overlook critical issues that require expert assessment and remediation.
How I Can Help
If you believe that your surveyor's negligence has led to significant financial losses, I am here to help. With years of experience dealing with negligence claims against surveyors, I can guide you through the process of making a successful claim and seeking redress.
Please contact me by email melissaworth@bexleybeaumont.com or telephone 0161 529 1200.
Professional Negligence Claims Against Architects
Architects play a crucial role in ensuring that buildings not only look good, but are also functional and safe in the process. However, the complexities involved in architectural design and project management mean that mistakes can sometimes occur. These errors can lead to significant project delays and financial losses.
Examples of Professional Negligence Claims Against Architects
Design Errors: Design flaws or omissions can lead to structural problems, safety hazards, and costly modifications.
Non-compliance with Building Regulations: Failure to adhere to building regulations can result in delays and unexpected costs for the project.
Lack of Quality Control in Construction: Architects are responsible for overseeing construction progress and ensuring that their buildings meet design specifications. Failures in this duty can result in poor quality workmanship, project delays, and financial losses.
Absence of Clear Contract Terms: Unclear or incomplete contract terms can lead to disputes with other parties that cause emotional and financial stress.
How I Can Help
If you suspect that your architect's oversight has caused substantial financial loss, I can help you. With extensive experience in handling professional negligence claims, I will guide you through the claims process and help you seek the redress you deserve.
Please contact me by email melissaworth@bexleybeaumont.com or telephone 0161 529 1200.
Professional Negligence Claims Against Accountants
The role of an accountant is vital in managing an organisation's or individual's financial health and progress. They are trusted with ensuring accurate financial reporting, tax compliance, and strategic financial planning. However, mistakes or oversights by accountants can lead to severe consequences, including tax issues, financial losses, and legal penalties.
Examples of Professional Negligence Claims Against Accountants
Inaccurate Record-Keeping: Failure to maintain accurate financial records can lead to significant discrepancies in financial statements, causing stakeholders to make decisions based on incorrect information.
Improper Financial Forecasting: Providing unrealistic or inaccurate financial forecasts can jeopardise financial planning and decision-making processes.
Misfiling Tax Returns: Incorrectly filed tax returns can result in audits, fines, and penalties from HMRC.
Failure to Maximise Deductions: Overlooking eligible deductions and credits can lead to higher tax liabilities than necessary.
Failure to Act in the Client's Best Interest: Not providing advice or not taking actions that are in the best interest of the client can be grounds for a negligence claim.
Inadequate Understanding of Accounting Standards: Failing to keep up with changes in accounting standards and regulations can lead to non-compliance and financial inaccuracies that cause problems and stress for the client.
Missed Deadlines: Failing to meet critical deadlines for tax filings, financial reporting, or other accounting tasks can result in penalties and lost opportunities.
Delayed Response to Client Inquiries: Not promptly addressing client concerns and inquiries can lead to misunderstandings and missed opportunities to manage financial risk or hit financial targets
False Promises: Guaranteeing specific financial outcomes that are simply not achievable under realistic circumstances.
How I Can Help
Accountants hold a position of great responsibility and trust. When they fail to fulfil their duties competently and ethically, the repercussions can be severe for their clients. If you believe you have been affected by an accountant's negligence, I have the experience to help you to navigate the complexities of your claim.
Please contact me by email melissaworth@bexleybeaumont.com.
Professional Negligence Claims Against Financial Advisers
When seeking financial advice, individuals and businesses put their trust in the expertise of a financial adviser. However, there are times when this trust is broken due to professional negligence on the part of that financial adviser. In such cases, it is important to understand the types of professional negligence claims that can be made against a financial adviser and how legal representation can help.
Examples of Professional Negligence Claims Against Financial Advisers
Unsuitable advice: Financial advisers have a duty to provide competent and suitable advice to their clients based on their financial situation, goals, and risk tolerance. When a financial adviser fails to thoroughly assess a client’s needs and provides inappropriate or unsuitable advice, it constitutes a breach of duty. This can lead to significant financial losses for the client, which may be grounds for a negligence claim.
Misrepresentation: Allegations of misrepresentation arise when a financial adviser provides false or misleading information that a client relies upon to make investment decisions. This can occur if an adviser overstates the potential returns of an investment or omits key information about associated risks and fees. Misrepresentation can lead to a client suffering unforeseen losses and may warrant a claim for damages.
Failure to Disclose Conflicts of Interest: Financial advisers are obligated to act in the best interest of their clients, which includes disclosing any conflicts of interest that might impair their objectivity. If a financial adviser fails to disclose relationships or financial interests that conflict with the interests of the client, it can result in financial harm to the client and become grounds for a professional negligence claim.
How Can I Help?
With my extensive knowledge and expertise in this area of law, I can provide valuable guidance and representation to clients who have suffered financial losses due to the negligence of their adviser.
I understand that these types of disputes can be complex and emotionally taxing for clients, which is why I strive to make the legal process as smooth and stress-free as possible. I work closely with my clients to gather all necessary evidence, assess the strength of their cases, and pursue appropriate legal action to seek fair compensation for their losses.
If you need help with a claim against a financial adviser, please contact me by email melissaworth@bexleybeaumont.com.
Why trust me with your professional negligence claim?
Expert Assessment
I provide an early assessment of the merits of pursuing a professional negligence claim and give upfront advice about costs, timelines, and the general day to day intricacies of how your case will proceed.
Comprehensive Review
I will carefully review all relevant facts, documents, and events related to your case to ensure that I understand the full picture of what we're working with.
Strategic Guidance
I will guide you through every step of the process, ensuring you are well-prepared to move your claim forward and get the results that you deserve.
Understanding the Process
Before any claim is commenced, I will explain the specific process for pursuing a professional negligence claim in England and Wales. This includes understanding the Pre-Action Protocol for Professional Negligence, which encourages the early exchange of information and evidence. The protocol helps narrow down the issues in dispute and provides an opportunity to explore settlement without going to court. Trust me, nobody wants to end up in court if they can help it.
Exploring Resolution Options
I understand that litigation can be stressful and time-consuming. That's why I will explore all options for resolving your claim, including alternative dispute resolution methods such as negotiation and mediation. The goal is to achieve an out-of-court settlement whenever possible to avoid the stress, cost, and inconvenience of attending a trial.
Dealing with Insurance
Almost all professionals have professional indemnity insurance to cover liabilities arising from negligence claims. I have previously acted for professional indemnity insurers, and so I am therefore experienced in dealing with insurers and their solicitors, especially in complex disputes.
Client-Focused Service
I focus on my clients' individual and business needs. My vast experience in professional negligence claims allows me to quickly identify key issues and advise on the best strategic course of action for your case.
Get in Touch
If you think you might have a professional negligence claim, don't hesitate to get in touch. Me and my experienced team are ready to help you regain control and work towards a successful resolution. Contact me today for a free initial consultation and take the first step towards addressing your professional negligence concerns.
Recent success stories
Examples of Recent Professional Negligence Success Stories
Tax Planning Gone Wrong
I helped my business client to secure compensation in their multi-million-pound professional negligence claim against a firm of accountants and tax advisers. The advisers provided negligent tax planning advice, resulting in lost profit and significant penalties from HMRC. I successfully helped my clients secure a settlement before trial, saving them from further litigation costs and risks. The outcome not only rectified the financial penalties but also restored my clients' trust in professional advice.
Structural Engineering Mishap
I assisted in resolving a £250,000 claim against a structural engineering firm. The engineers' poor advice on the foundations of a day nursery led to substantial structural damage. By negotiating a settlement before trial, my clients avoided the high costs and uncertainties associated with court proceedings. This timely resolution enabled the claimant to focus on repairing the damage and continuing their business operations.
Employment Advice Failure
A company director sought my expertise to bring a claim against an employment solicitor who failed to provide crucial guidance on post-termination restrictions. This negligence jeopardised the director's livelihood. Through careful negotiation, I helped my client yo secure a settlement before the case reached trial. This outcome provided my client with significant compensation, alleviating the stress and financial burden of litigation.
Planning Use Oversight
I represented a transport company in a professional negligence claim against commercial property solicitors. The solicitors had failed to offer proper advice on planning use, rendering a newly acquired depot unsuitable and causing a prolonged and expensive dispute with the local planning authority. By securing a pre-trial settlement, I helped the company recover significant losses incurred due to the solicitors' negligence. This resolution allowed the company to redirect its focus and resources back to its core operations.
Negligent Handling of Personal Injury and Clinical Negligence Cases
I successfully pursued claims on behalf of multiple clients against the same solicitor who negligently handled their personal injury and clinical negligence cases. My clients had suffered not only from their original injuries but also from the extended distress caused by the solicitor's mishandling over several years. Securing favorable settlements before trial, I helped them obtain the compensation they deserved.
Disclosure Failure by a Financial Adviser
I successfully secured a significant settlement in my client's favour after a financial adviser failed to pass on important information about my client's circumstances to their insurer. This resulted in the insurer refusing to pay out when my client needed to make a claim on an insurance policy. I was able to settle the case before court proceedings were started which meant that my client could avoid the stress and inconvenience of dealing with court.
These examples highlight my commitment to advocating for clients who have been let down by professional negligence. If you find yourself in a similar predicament, don’t hesitate to contact me. Your path to rectify the problems you are facing starts with a conversation.
Contact Me
To schedule a consultation or discuss your potential professional negligence claim, please contact me by phone at 03339 960 640 or email me at melissa.worth@bexleybeaumont.com. You can also visit Bexley Beaumont's website to learn more about my services and expertise. Let's work together to secure the resolution you deserve.
Professional Negligence Claims
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Frequently Asked Questions
Professional negligence occurs when a professional fails to perform their duties to the expected standard, resulting in harm or loss to their client.
I will conduct a thorough assessment of your case to determine if you have grounds for a claim.
I prioritise resolving disputes through negotiation and mediation, aiming for a settlement without the need for court proceedings. As such, the vast majority of cases that I deal with settle before trial.
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Melissa Worth
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