A claimant wanting to pursue an action against a professional adviser needs to have regard to the pre-action protocol for professional negligence. The protocol applies where a claimant wants to claim against a professional (other than a construction professional or healthcare provider) as a result of that professional’s alleged negligence or equivalent breach of contract or breach of fiduciary duty.
For example, in a claim based on investments made in reliance on negligent advice, the date for assessing damages will be the date of breach only where there was an immediately available market for the asset. The court will take into account whether the claimant could readily have sold the property at a fair value, and whether it would have been reasonable for the claimant to sell.
Professional Negligence claims can be ..
As a general rule, in contract and tort, damages are assessed at the date of breach. However, there is no hard and fast rule this respect in negligence cases. Damages may be assessed by reference to another date if the court considers that to do so would more fairly and appropriately give effect to the basic compensatory principle of seeking to put the claimant in the same financial position as if the wrong had not occurred.
The UK Law of Negligence Explained | Towergate
While most medical negligence claims are settled before it goes to court, a fair percentage of them do end up going to court. This does not mean you are necessarily going to lose your case, nor should you panic. Here are a few tips on what to do if your medical negligence claim is litigated. We’ll also explain why these actions are necessary on your part.
Professional Indemnity Special Report 2015: The Blame …
The Government has highlighted that sport has benefits, and clubs and activity providers should not be put off organising activities that have an inherent risk just because they are fearful of claims. As long as there has been no negligence, allows a defence to a claim where it is seen that the benefits of the activity outweigh the risks. Whilst occasionally referred to in defences, the section has added little to the tests already to be applied by judges when considering any claim alleging negligence.
Professional Indemnity Special Report 2015: ..
An example is of a coach asking a claimant to carry out a front somersault on a trampoline which the claimant said was beyond her capability. Lack of notes from the coach meant that there was no evidence to show the claimant’s progression and resulted in a finding that the coach had been negligent in pushing her too fast.
the risk of professional indemnity claims."
Quite simply, premises and equipment should be kept reasonably safe for use by legitimate users of a sports club or clients of an activity provider centre (Occupiers Liability Act 1957). If they are not, or if a member of staff or volunteer is negligent in carrying out tasks that fall within his or her employment or responsibility leading to injury of a participant, then a claim may be very difficult to defend.
Commercial dispute resolution solicitor - Minimise your risk
This means that we are ideally placed both in relation to our technical expertise relating to personal injury but also in respect of our particular specialism of dealing with professional negligence claims