Solicitor advice failure - possible professional negligence - property Section 20

[mantis shrimp]

If prior to exchange of contracts you had been given advice that a cost of £4K was likely, what would you have done?

[mantis shrimp]

You appear to have grounds to bring a claim. It seems likely that the solicitors will argue that your loss is £4,000, but you have good grounds to say that it is the full amount for which you have become liable.

 

Persistence on your part may bring rewards. The solicitors should report a claim to their insurers, which can have a significant effect on their renewal premium. Also, the amount of your claim may be below the "deductible" (i.e. excess) on their policy, and therefore payment would come out of their pockets. All in all, there may be good economic reasons for them to offer you a better settlement.

 

Here is a link to the pre-action protocol for professional negligence cases.  You should read it carefully and follow it.

 

Pre-Action Protocol for Professional Negligence - Civil Procedure Rules

WWW.JUSTICE.GOV.UK

 

[mantis shrimp]

The Ombudsman probably won't be able to help. This is a matter for Court.

 

There may be some resistance to allocating your claim to the small claims track.

 

I have not seen enough to offer an opinion on chance of success. To do so in these cases (and I have run a few) you need to see everything.  But you have a strong case for saying that any damages should be assessed by reference to the full additional cost. I say this based on your answer to my first question - had your answer been different I would have said you have no claim.

[mantis shrimp]

I do not see that you have prejudiced your claim with that communication.

[mantis shrimp]

They will pass your letter to their insurers, and the likelihood is that you will hear from solicitors appointed by the insurers.