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Paul Walton – Consultant Solicitor – discusses the most common types of professional negligence claims.

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My workload is incredibly varied and I represent clients who have cases against many types of professional advisors. Below is a list of the most common types of claims that I handle. If you would like to talk to me about how I might be able to help you, please do contact me. My contact details can be found here.

ACCOUNTANTS

  • Drafting accounts inaccurately
  • Failing to claim Tax credits
  • Failing to submit VAT returns promptly
  • Late submission of accounts to HMRC
  • Company accountants failing to advise Directors clearly as to allocation of funds
  • Company accountants allocating Director’s Loan Accounts inappropriately
  • Negligent Pensions advice
  • Failing to understand time limits for claim to Financial Ombudsman Service
  • Incorrect assessment of Tax liabilities.

VALUERS AND ESTATE AGENTS

  • Inappropriate high valuation of property, leading client to purchase at over value
  • Failing to spot significant property defects
  • Failing to undertake proper investigations for signs of asbestos
  • Failing to note signs of subsidence and structural movement
  • Incomprehensible or misleading valuation report to Lender/Mortgagee

ARCHITECTS AND ENGINEERS

  • Use of inappropriate materials in building
  • Failing to allow for adverse weather conditions on structure
  • Serious under estimate as to likely cost of building
  • Defective heating system and utility services
  • Building not capable of providing services and facilities for which it was designed
  • Causing client to be in breach of Planning Laws
  • Causing client to be in breach of Health & Safety Regulations
  • Damage to Listed Buildings without appropriate permissions and consents

SOLICITORS

  • Missing time limits in litigation
  • Missing substantial items in claims for compensation (e.g. loss of earnings)
  • Negligent drafting of Credit Hire Agreements
  • Failing to register Option with Land Registry
  • Failing to include Rent Review clause in Lease
  • Failing to advise as to conflicts of interest as between husband and wife and partners
  • Failing to submit employment claim for unfair dismissal on time
  • Settling employment claim in terms which exclude right to pursue personal injury claim
  • Negligent drafting of Will so it is invalid and beneficiaries do not receive what was intended
  • Failing to draft a gift of property in a Will to allow for the possibility that the Testator may sell the property before death
  • Failing to deal properly with tax issue in Will

BARRISTERS

  • Negligent conduct of case in Court
  • Negligent advice to criminal client about plea to be entered
  • Failing to call evidence
  • Incorrect advice about legal position
  • Negligent advice about appropriate settlement

TRADE UNIONS

  • Representing a Member in an employment claim but failing to appreciate time limits
  • Representing a Member in litigation claim but failing to appreciate time limits

INSURANCE BROKERS

  • Failing to arrange Insurance at all
  • Failing to arrange Insurance at adequate value
  • Failing to retain evidence of Insurance arrangements.

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