Professional negligence

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Chambers & Partners, 2011

We regularly advise claimants and defendants in relation to professional negligence and disciplinary claims brought by or against individuals, businesses and trustees, including claims against solicitors, accountants, surveyors and other professionals.

In recent years, the increase in public concern about the value of pension funds and the long-term savings market, and the activities of financial institutions in general, has led to a surge in litigation over financial products.  We have developed a particular expertise in dealing with high-value financial mis-selling claims and claims for negligent portfolio management, seeking compensation from institutions including banks and other financial institutions, accountants and financial and tax advisers.

Our experience in handling claims over mis-selling and negligent portfolio management means that we have an in-depth understanding of the significance that such claims can have to the financial security enjoyed by you as an individual, or your clients, if you are a professional investor.  We will leave no stone unturned and give tailored strategic advice, to ensure that you are placed in the best position, whether to negotiate a settlement or to proceed to trial.

We also appreciate that defending a negligence claim and the associated challenge to your professional reputation is of critical importance to your business.  We will advise you about your insurance position and work with your insurers, whilst protecting your interests and respecting the needs of your business at all times.  We will provide practical advice about managing the risks posed by such a claim and aim to deliver as swift and cost-effective a resolution as possible.

Key Cases:

  • Amalgamated Metal Corporation plc -v- Wragge & Co and another [2011] All ER (D) 114.
  • We are advising the trustees of a Jersey-based trust on a negligence and breach of contract claim against an investment bank, arising out of poor investment performance. The losses suffered by the trust run into hundreds of millions of dollars.
  • We recently advised the claimants in a case involving allegations of professional negligence and misrepresentation against a well-known bank and an IFA in respect of a high risk currency loan product and accompanying investment bonds. The case raised complex issues regarding the professional obligations of the bank in respect of the initial advice given, the monitoring and management of the product and quantum issues.

More information

For more information contact one of our specialist advisers below or visit our Press office.