Samuel was involved in a workplace accident and his claim for personal injury was handled by another firm. It was eventually settled, but Samuel feared he had not obtained the correct award for his injuries, lost earnings or for help he received following the accident. This lead him to contact Irvings to inquire about making a professional negligence claim. We felt his personal injury claim was undervalued and the advice given to him fell below the standard expected of a reasonably competent solicitor.

We proceeded with a professional negligence claim against his former solicitors, and liability was denied throughout this claim by the Defendant. They were adamant they did not incorrectly value Samuel’s claim and he received an award that was reasonable for his injuries. We did not agree, and pressed throughout until the trial was to be heard in June 2016. After hearing all the evidence from both parties, Recorder Timothy Edge stated:

“It is quite clear that the Claimant’s decisions in the original claim were based upon sub-standard services and advice on the part of the Defendant, who were the experts litigators.  Ultimately in this case, and as the Claimant said in evidence, settlement was reached because, based upon advice received from the Defendant, the Claimant thought that the Settlement Sum was the best that he could achieve.  For the reasons I have given in this judgement, the advice that the Claimant received and acted upon was fundamentally flawed.  Accordingly, I am satisfied that any consents or decisions provided by and made by the Claimant were not informed ones; and, that any apparent agreement provided by the Claimant cannot be held to absolve the Defendant from fault in this Claim or act as mitigation of the consequences of its acts and omissions.”

This was a great result for Samuel. He had settled his claim in 2011 and instructed Irvings to do a claim for professional negligence in June 2014. After 2 full years of litigation, we finally achieved the result Samuel should have settled for the first time round. He received an additional £1900 in damages for his injuries and was happy with our work.

Professional Negligence Claims: Sometimes a solicitor can make a mistake that ends up costing you; the client. If you feel your case wasn’t settled properly or that your solicitor made a mistake which has caused you loss, Irvings can look into this for you. We can also investigate whether there has been negligence by any other professional who has advised you (e.g accountant, medical professional or surveyor). Contact us today to find out more: 0800 954 0243