Rutherfords win another two professional negligence claims
Steve Wengraf, Litigation Partner at Rutherfords Solicitors, has recently resolved two professional negligence claims in the past few months. Steve has built up a high level of experience in dealing with this type of claim.
When a solicitor is acting for you they owe you a high professional duty of care. If that advice falls below the level of expertise that you are entitled to expect and a loss is incurred as a result then you may be entitled to obtain compensation. These claims are complex and to be successful you must prove breach of professional duty, causation and loss.
We have successfully acted in the following claims:
1. Our client’s previous solicitors acted in the purchase of a property. The property that was being purchased was a mid terraced property which had pedestrian access down the side of the property to the rear garden. This was specifically advertised in the estate agents' particulars.
Unfortunately the previous solicitors failed to notice that the access way was owned by the neighbour and the client’s property did not have the required permission ('covenants') to use the access way. The neighbour decided not to permit the access way to be used and as a consequence our client could only access the garden by walking around the end of the terrace block and through a rear gate.
Proceedings were commenced against the Solicitors who acted in the purchase in professional negligence. Negligence was admitted but loss was denied. Compensation was obtained to reflect the loss in value of the property (the difference between the value of the land with and without the access way). Compensation was £18,500 plus costs.
2. Our clients purchased a large detached property, which had a large garden and extensive river frontage. Unfortunately the solicitors who were acting in the purchase failed to notice that the property and gardens were registered at HM Land Registry with three different title numbers. The solicitors only transferred the house and immediate surrounding land to the clients but not the large gardens.
In addition the vendor's solicitors imposed an unusual development clause ('Overage Clause') which could have created significant problems to the clients when they came to sell their property.
Proceedings were issued but these were strenuously defended. Both breach of duty and loss were denied. Expert evidence was obtained from surveyors but there was a significant disagreement as to the extent of the loss caused by the negligence (if proved). The case settled within five months of reaching trial. Damages were £60,000 plus costs.
Solicitors are very experienced professionals. However, sometimes errors occur and the consequences of those errors may be significant. These claims are complex and it is absolutely essential that you obatin advice from a Solicitor with specific experience. Our Steve Wengraf has that experience. Please do not hesitate to contact us if you require advice.