Anwar Legal has successfully pursued a professional negligence claim against a lawyer who failed to advise our client properly in court proceedings. The lawyer’s error led to our client’s claim being struck out and cancelled.
Mr Fard started a civil claim against a third party to recover his losses. A court hearing took place and the Judge ordered Mr Fard to file and serve Amended Particulars of Claim, before a Court deadline, or his case would be struck out.
Mr Fard hired a qualified lawyer to prepare the Amended Court Papers. Both were in constant contact as the Court deadline loomed. The lawyer filed and served the Amended Particulars of Claim, by email, before the Court deadline.
The third party’s solicitor complained about how the Amended Court Papers were delivered i.e. the documents should have been served by post, not by email. The Court clarified that no additional order was needed. Mr Fard’s case was struck out and cancelled due to a paperwork mix-up by the lawyer.
The third party then asked for their legal costs and a hearing was listed. The lawyer did not make an application for relief from sanctions. Ultimately Mr Fard had to pay thousands of pounds in wasted legal costs to the third party.
How We Settled The Professional Negligence Claim?
Mr Usman Anwar acted for Mr Fard and served a Letter Before Action against the lawyer seeking to recover the following losses: (a) the loss of opportunity to pursue the claim against the third party (b) the wasted costs paid by Mr Fard to the third party (c) legal fees paid to the lawyer, interest and legal costs of bringing the professional negligence claim.
A number of key allegations were made against the lawyer. We sought to rely upon the (a) written terms of business between the lawyer and Mr Fard, (b) the implied terms under Consumer Rights Act 2015 and (c) what a competent solicitor would have done in the same situation.
Also, Mr Anwar sent a without prejudice letter to discuss settlement negotiations without the matter proceeding to Court. Any Court proceedings would be brought to the public’s attention and this would be damaging to the lawyer’s reputation.
What Was The Outcome of The Professional Negligence Claim?
After meaningful negotiations, the case settled to Dr Fard’s satisfaction and without the case proceeding to trial.
Mr Anwar comments: “Mr Fard sought guidance from the lawyer and was expecting sound legal advice. Unfortunately, there was a mix up and Mr Fard’s claim was cancelled. It’s awful when you are let down by a solicitor or a barrister. You feel lost in maze and with no clear direction of what to do. Thankfully we managed to settle the case and recover the money for Mr Fard who was extremely happy with the outcome.”
FAQs Professional Negligence
- What are the requirements for a professional negligence claim?
- Can you help sue builders, engineers and other professionals?
- What losses can you claim in a professional negligence case?
Parties involved in a professional negligence claim should consider whether early mediation is a possibility to negotiate a settlement. Mediation can be highly successful. For more information, read our blog Mediation and Alternative Dispute Resolution (ADR).
If you need help for a professional negligence claim against a lawyer, we can help you . To book a Free Consultation Call, with Mr Usman Anwar Legal Director, you can complete the Contact Us Form or email us on email@example.com
Still not convinced? Read some of our business client’s success stories and testimonials on how they settled their business disputes using our legal service.