Steven Mather, Partner of Josiah Hincks Solicitors in Leicester, is a leading solicitor for negligence claims against third parties. Steven and his team have acted recently in:
- Negligence claims against IFA/Financial Advisors
- Negligence claims against solicitors
- Negligence claims against accountants
- Negligence claims against architects
- Negligence claims against doctors / NHS
For negligence claims to arise, there must be a duty of care owed from one party to another, and there must have been a breach of that duty of care which results in loss or damage suffered. Usually, the duty of care aspect is quite easy to see – with most of the people above, there will be a contractual relationship (and therefore a contractual dispute) which will include terms about the level of service to be expected. Sometimes, there will be an implied duty of care – where there’s not contract or payment for services, but the third party should have considered risk to you.
A duty of care often arises because one party is supposed to be the expert giving advice to the other. The expert is usually therefore supposed take into account all of the special circumstances before giving their advice, and that advice should be tailored to you, suitable for you and be the right option. It’s for this reason that it is often called professional negligence, it is negligence against a professional.
Once we can show a duty of care, the next question is what is the loss suffered. Loss falls under two categories, direct and indirect loss (the latter is also known as consequential losses). Direct loss for negligence claims are what immediate costs you have suffered as a result of the others negligence; so for example the costs of rectifying their mistake. Consequential losses are the losses/damages/costs you’ve incurred beyond that; they are often “If I’d have had that money then, I would have done X,Y,Z…”. I can help you quantify what losses you have or work with other experts such as accountants to assist.
Types of Negligence Claims
When someone makes a mistake and there is negligence, as a Negligence Claims Solicitor I can help get you compensation.
Negligence against IFAs
In my work with negligence claims against IFA or other financial advisors, most of the negligence will fall under “mis-selling claims”. I’m an expert with all types of financial services claims.
Often IFAs will mis-sell financial products, such as pensions and investments. Negligence claims arise here because there is a clear duty on behalf of the advisor to give proper and suitable advice. With Financial Products, there is also a set of rules known as the FCA Conduct of Business Sourcebook rules and guidance which apply and which state certain rules which an advisor must meet. For example, they must communicate in a clear and not misleading way, and they must ensure you understand the product and that it is suitable for you in your circumstances. When you meet a decent IFA (let me know if you need one recommending!), they will carry out a risk assessment (Adventurous, Cautious etc). This determines the types of products which are suitable for you. I’ve found in negligence cases against IFAs that they do not carry out a proper assessment or assess someone incorrectly so that they can be invested into higher risk (and therefore more profitable commission wise) products.
Negligence against Solicitors
It’s unfortunate that sometime people make mistakes. With lawyers, however, mistakes can be very expensive. In the past year, we’ve dealt with negligence claims against solicitors in respect of:
- Negligent Will drafting
- Negligent settlement advice on personal injury claim
- Missed limitation dates
- Negligent advice
- Negligent dealing of estate / probate
- Negligent conveyancing – such as failure to identify planning breaches etc
- Plus more
I am frequently instructed against solicitors firms in Leicester and Leicestershire but further afield as well. I am not afraid to pursue claims against my firm’s competitors. I am all about fighting for justice and righteousness for my clients.
Negligence against solicitors is relatively easy to show. You get our second opinion as to whether it was negligent and then we can look at bringing a claim.
Negligence against Accountants
Negligence against accountants is more rare that against solicitors, primarily because you can go back 2 years and amend a tax return. Normally then, if you’re not happy with your accountant, you will move firms and the new firm will highlight the mistake and correct it. If this happens, any claim might be limited to just the rectification costs and any HMRC penalties.
Sometimes though, it’s not that simple and therefore I will be instructed to bring a claim for negligence against the accountant or the accountancy practice.
Over recent years, I have been involved in a negligence claim for failing to identify tax reliefs, particular R&D Tax Credits, which amounted to some £250,000 to simple mistakes which haven’t been dealt with in accounts properly.
Whatever the mistake, as a professional negligence claims solicitor, I can assist.
Negligence against Doctors / NHS – Clinical Negligence Claims
Claims against Doctors are sometimes known as clinical negligence claims. This is where a medical practitioner has done something negligent; mis-diagnosis or a botched surgery for instance.
My team at Josiah Hincks Solicitors in Leicester have specialists in clinical negligence claims against doctors, consultants, the NHS and private hospitals. We have successfully recovered millions of pounds of compensation for our clients.
Call Us Now on: 01858 462 462
Latest posts by Steven Mather (see all)
- Pension Ombudsman confirms view on SIPP Administrators duties - May 17, 2016
- Business is Great! - July 30, 2015
- The Night Before Christmas v2 – The Legal Proceedings - December 23, 2013