We all want to provide the best possible experience for our clients or customers – but sometimes things go wrong.
When this happens, your client may experience a loss such as a physical injury or a financial penalty. If the client perceives this to have been caused by a failure to perform your duties, they may raise a professional negligence dispute against you.
These types of disputes affect businesses in all sectors, but are particularly common in:
Professional negligence disputes can be difficult to manage, particularly if you tried to work with the client’s best interests in mind.
However, they can be overcome if you act lawfully and obtain the right advice.
When disputes arise
Disputes typically occur in scenarios where the advice or service provided falls below the expected legal, medical, financial, or technical standards, perceived or real.
For example, a solicitor failing to advise on a crucial element of a contract could lead to financial loss for a business client, leading to a negligence claim.
Claimants sometimes seek only reimbursement of costs associated with the issue, or they may seek additional compensation for damages incurred.
Once the claimant has submitted a claim with the Courts, you may be advised to first attempt alternative dispute resolution (ADR), such as mediation or arbitration. These methods can help you to reach a conclusion while preserving working relationships with your client.
Alternatively, the dispute may proceed directly to the Courts. As most negligence disputes are civil matters, the Courts may award financial compensation but cannot impose custodial sentences.
Protecting your business
If you receive a professional negligence claim against your business, there are steps you can take to protect yourself.
The most important element of managing any claim of this type is to act with integrity and within the law, to avoid increased scrutiny. Beyond that, tackling a negligence claim lies in preventative and post hoc measures.
You should also:
Seeking advice
This area of the law can be highly complex, so it’s always a good idea to seek independent advice from a solicitor who can help you:
In short, we can help you to navigate current disputes and avoid more in the future – helping your business to serve clients and meet your professional responsibilities.
Contact our Dispute Resolution team today for further information.
