We have an established track record of success in recovering loss in professional negligence claims against surveyors and solicitors. This is a specialised area of litigation in which our solicitors and legal executives have many years’ experience. All our solicitors are members of the Professional Negligence Lawyers Association.
We work closely with you to understand your commercial priorities and to maximise your recovery. Our strategy will be determined by your objectives; whether that is a fast recovery at a commercial level; or an investment of time to maximise your potential recovery. We are happy to tailor our reporting to you to ensure that you feel well informed.
Challenges to recovery in professional negligence claims
Our experience of lender claims in the early and mid 1990’s informs our case handling today – and we are dealing effectively with new challenges to recovery:
Securitisation
The transfer of legal and / or beneficial ownership to an SPV in a securitisation by the originator leads to real issues over the correct identity of the claimant. We understand the complexities of the process. We are used to resolving confidentiality and indemnity issues.
Contributory Negligence
We have extensive experience in rebutting arguments currently being deployed by insurers and their solicitors to reduce lender recoveries. We understand how to minimise exposure to allegations of poor lending practice and an alleged failure to establish causation.
Aggregation in solicitor claims
The greatest challenges to recovery from a negligent solicitor are aggregation and mortgage fraud. It can be difficult to challenge an insurer’s decision to aggregate claims against one firm and our solicitors are experienced in handling these issues.
Mortgage Fraud
We are experienced in identifying mortgage fraud and we understand how important it is to move quickly to secure assets and prevent dissipation. We work closely with the police where there is a concurrent criminal investigation. We always ensure that claims are notified to the Compensation Fund.
Funding Claims
Subject to individual requirements, we can offer a conditional fee agreement backed by after the event insurance to minimise exposure to your risk on legal costs.
