Professional negligence, whether by an architect, surveyor, accountant or solicitor, can take many forms. Failure to meet contractual obligations, giving wrong advice, inadequate or incorrect planning, failure to obtain proper planning permission, breach of regulations, undervaluing a legal claim, poor preparation of a legal case, failure to produce correct documentation in a legal case -- these can all lead to claims of professional negligence.
For many people who have been harmed because of professional negligence, the initial trouble is that they don't know how to start the process of holding the negligent party to account. To whom does one turn when faced with financial harm caused by the faulty work of an accountant, architect, surveyor, solicitor or other professional?
The Ministry of Justice sets out protocol for Construction and Engineering Disputes (CED), and this protocol differs from that used in other kinds of professional negligence claims. We recently discussed the CED protocol up until the point where the claimant and the defendant convene for a pre-action meeting.
To encourage an early and full exchange of information in professional negligence claims, the Ministry of Justice sets out pre-action protocol, which we have been discussing in several of our recent posts. In disputes involving architects, quantity surveyors and engineers, the protocol for Construction and Engineering Disputes (CED) should be used. This protocol differs from the protocol used in other kinds of professional negligence claims.
In a number of our recent posts, we have discussed the pre-action protocol for professional negligence claims. The protocol is set out by the Ministry of Justice to "encourage the exchange of early and full information about the prospective legal claim." The protocol is also meant to support the efficient management of legal proceedings and help the parties settle out of court when possible.
Professional negligence, whether by an accountant, solicitor or surveyor, can have devastating consequences for a business or an individual. If you have a claim of professional negligence, then a number of important steps must be taken to maximize the amount of compensation you receive.
Historically, to practise conveyancing or probate, one must have been a chartered legal executive. That requirement will soon be no more. The House of Commons and the House of Lords have approved a change that allows anyone with demonstrable knowledge and skills in conveyancing and probate to apply for practice rights.
Holding an architect liable for negligence is typically a complex matter requiring in-depth legal knowledge and the careful gathering of evidence. In the last decade, there has been a rise in the number of negligence claims against architects. Let us look, then, at the kinds of architect-related issues that could lead to damages to a business or an individual.