https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/professional-negligenceKohanaPHPElliot Grosvenor-Taylorhttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/rayner-my-parade-the-importance-of-specialist-adviceFri, 05 Sep 2025 00:00:00 +0100The headlines this week around former Deputy Prime Minister Angela Rayner are a reminder of the importance of taking the right advice from appropriate professionals and the potential consequences when such advice is called into question.https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/rayner-my-parade-the-importance-of-specialist-adviceLavanya Loganathanhttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/communications-series-part-5-professional-negligence-and-communicating-in-a-digital-ageThu, 08 May 2025 00:00:00 +0100In today’s fast-paced world, professional communications increasingly happen over WhatsApp, iMessage, and similar instant messaging apps. While these platforms offer speed and convenience, they also create a risk of information, which would normally be retained on a client file, being lost. In professional negligence claims, contemporaneous records are often central to a successful defence. It is not unusual for claims to be brought years after work was carried out, and without a complete file of documents, it can be difficult to remember, or evidence, what happened.https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/communications-series-part-5-professional-negligence-and-communicating-in-a-digital-ageDispute Resolution Law Teamhttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/high-court-rejects-split-trial-in-superyacht-negligence-caseMon, 28 Apr 2025 00:00:00 +0100In a significant ruling for professional negligence litigators, earlier this year the High Court refused an application for a split trial in Tatiana Soroka v Payne Hicks Beach, a professional negligence claim arising from one of the UK’s most high-profile divorce settlements.https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/high-court-rejects-split-trial-in-superyacht-negligence-caseElliot Grosvenor-Taylorhttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/privilege-series-part-2-implied-waiver-in-claims-against-solicitorsThu, 21 Nov 2024 00:00:00 +0000When solicitors are sued in their professional capacity, an important question arises as to whether documentation relevant to the claim remains subject to legal professional privilege.https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/privilege-series-part-2-implied-waiver-in-claims-against-solicitorsElliot Grosvenor-Taylorhttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/how-to-avoid-a-professional-negligence-claimTue, 23 Apr 2024 00:00:00 +0100Professional negligence claims against accountants are on the rise, as for other professionals, partly owing to the recent growth of litigation funding options for potential claimants. We can expect such claims to increase yet further during a recessionary environment with administrators looking to clawback some value for distressed estates and assets.https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/how-to-avoid-a-professional-negligence-claimPhoebe Alexanderhttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/clarity-on-the-approach-to-liability-in-valuer-negligence-cases-bratt-v-jonesWed, 17 Apr 2024 00:00:00 +0100On 22 March 2024, the judgment in Bratt v Jones was handed down in the Chancery Division. The judgment provides helpful clarity on the approach to determining liability in valuer negligence cases.https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/clarity-on-the-approach-to-liability-in-valuer-negligence-cases-bratt-v-jonesElliot Grosvenor-Taylorhttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/qa-can-i-claim-against-my-accountant-for-fees-to-hmrcWed, 10 Apr 2024 00:00:00 +0100I was fined for inaccurate tax accounts, but it wasn’t my fault.https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/qa-can-i-claim-against-my-accountant-for-fees-to-hmrcHolly Shawhttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/its-a-fix-the-fixed-recoverable-costs-regime-and-the-impact-on-professional-negligence-claimsMon, 23 Oct 2023 00:00:00 +0100The 1 October 2023 saw the Fixed Recoverable Costs (“FRC”) regime extend beyond personal injury claims in the fast track to almost every area of civil litigation, including professional negligence, and sees the introduction of a new Intermediate Track. We address in this article, the impact of the FRC regime on Professional Negligence claims, and how this affects the recoverability of costs.https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/its-a-fix-the-fixed-recoverable-costs-regime-and-the-impact-on-professional-negligence-claimsAnna O’Carroll and Chloe Jacothttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/what-are-the-implications-of-poor-investment-decisions-for-attorneys-and-deputiesWed, 14 Jun 2023 00:00:00 +0100When an individual makes an unsuccessful investment decision using their own money, the consequences may be limited to financial losses. However, for an appointed deputy or attorney responsible for managing the financial affairs of an individual who lacks capacity, a poor investment decision can have more serious ramifications. https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/what-are-the-implications-of-poor-investment-decisions-for-attorneys-and-deputiesDispute Resolution Law Teamhttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/the-distinction-between-advice-and-information-negligence-casesTue, 20 Jul 2021 00:00:00 +0100The long awaited Supreme Court decision of Manchester Building Society v Grant Thornton provides some much needed and useful clarification on what constitutes and amounts to “negligent” advice. https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/the-distinction-between-advice-and-information-negligence-casesDispute Resolution Law Teamhttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/professional-negligence-to-what-extent-can-a-solicitor-rely-on-counsels-adviceThu, 11 Feb 2021 00:00:00 +0000When an individual instructs a solicitor, they may research and make various enquiries to establish which solicitor is best suited to their matter, seeking to find an expert in that field. Solicitors frequently instruct barristers (counsel) as part of their client’s legal team to provide advocacy and additional expertise. Solicitors often rely on advice from counsel when advising clients. Whilst a solicitor is entitled to rely on counsel’s advice, and the more specialist the nature of the advice the more reasonable reliance will be, in doing so they need to properly consider that advice rather than simply accepting the advice without further scrutiny.https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/professional-negligence-to-what-extent-can-a-solicitor-rely-on-counsels-adviceLucy Bluckhttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/professional-negligence-and-implied-retainersWed, 20 Jan 2021 00:00:00 +0000Usually, the scope of duty of care between a solicitor and a client will be set out in writing in an engagement letter, but there are some circumstances in which a solicitor may assume duties to someone other than their client, which can create problems if that party is to suffer a loss. In those circumstances, a key question is whether a solicitor owes the third party a duty of care.https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/professional-negligence-and-implied-retainersKate Salterhttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/when-can-a-will-be-rectified-barrett-v-hammond-2020Fri, 08 Jan 2021 00:00:00 +0000One of the questions we are often asked is whether an individual’s will can be amended after their death if it doesn’t reflect their intentions. This is sometimes possible under a process known as rectification, although the circumstances in which rectification is available are limited. A claim for rectification was recently considered by the court at the end of 2020 in the case of Barrett v Hammond & others. https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/when-can-a-will-be-rectified-barrett-v-hammond-2020Lucy Bluckhttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/professional-negligence-to-advise-or-not-to-adviseThu, 10 Dec 2020 00:00:00 +0000This blog examines some of the issues which arise from giving incorrect professional advice, or failing to give advice, and sets out some practical tips to identify when professional negligence claims may arise. https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/professional-negligence-to-advise-or-not-to-adviseDispute Resolution Law Teamhttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/firms-brace-for-negligence-impactMon, 23 Nov 2020 00:00:00 +0000Accounting firms should be bracing themselves for a rise in professional negligence claims as a result of the Covid-19 pandemic. https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/firms-brace-for-negligence-impactDispute Resolution Law Teamhttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/when-settlement-advice-goes-wrongWed, 02 Sep 2020 00:00:00 +0100Solicitors and barristers owe a duty to their clients to act with reasonable care and skill at all times, not least when conducting settlement negotiations and providing advice on settlement. With the majority of claims settling outside of court, common complaints of negligence in this area include giving incorrect or negligent advice about settlement offers, failing to properly assess the value of the claim or advising a client to “under settle” a claim.https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/when-settlement-advice-goes-wrongDispute Resolution Law Teamhttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/professional-negligence-the-importance-of-the-written-wordWed, 29 Jul 2020 00:00:00 +0100All professionals are under a duty to exercise skill and care when acting for clients. In particular, a professional is judged by the standard of a reasonably competent professional specialising in the area in which they hold themselves out as having expertise in. If the professional fails in this duty then there could be a potential claim for negligence. https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/professional-negligence-the-importance-of-the-written-wordKate Salterhttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/solicitors-delay-in-preparing-a-will-when-is-it-negligentThu, 02 Jul 2020 00:00:00 +0100Delay is a common complaint in professional negligence claims against solicitors in the context of wills and probate. For example, If a client is in poor health or advanced old age and wants to create or update their will, they might instruct a solicitor to assist with this. If the client dies before the new will can be prepared and/or executed, the beneficiaries who would have inherited, had the will been put in place before the client’s death, may look to bring a professional negligence claim against the solicitor if there has been undue delay by the solicitor in preparing the will.https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/solicitors-delay-in-preparing-a-will-when-is-it-negligentKate Salterhttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/testamentary-capacity-and-undue-influence-when-does-a-professional-negligence-claim-ariseFri, 26 Jun 2020 00:00:00 +0100Solicitors in any field of practice are under a duty to exercise reasonable care and skill when acting for clients. In wills and probate practice, that duty also extends to the beneficiaries of a testator. If the solicitor has acted in breach of that duty, which causes loss to the client or their beneficiaries, this could form the basis for a professional negligence claim against the solicitor.https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/testamentary-capacity-and-undue-influence-when-does-a-professional-negligence-claim-ariseKatherine Pymonthttps://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/professional-negligence-claims-arising-in-relation-to-wills-and-estatesWed, 20 May 2020 00:00:00 +0100A professional has a duty to exercise “reasonable care and skill” when dealing with their clients. Negligence claims against solicitors can arise for all manner of reasons. Katherine provides some examples of how a solicitor's actions within the remit of wills and estates may give rise to professional negligence. https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/professional-negligence-claims-arising-in-relation-to-wills-and-estates