Blog
Back to basics with testamentary capacity
Katherine Pymont
10 December 2020
Professional Negligence: to advise or not to advise…
This 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.
23 November 2020
Firms brace for negligence impact
Accounting firms should be bracing themselves for a rise in professional negligence claims as a result of the Covid-19 pandemic.
2 September 2020
When settlement advice goes wrong
Solicitors 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.
29 July 2020
Professional Negligence: the importance of the written word
All 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.
2 July 2020
Solicitors’ Delay in preparing a Will – When is it Negligent?
Delay 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.
