Solicitors Negligence

Solicitor Negligence Claims

When you put your trust in a solicitor and they let you down through mistakes or poor advice, the consequences can be serious. If a solicitor’s negligence has cost you money or harmed your interests, you have the right to seek redress. Our firm specialises in solicitor negligence claims (a type of professional negligence), helping clients across the UK hold negligent solicitors accountable and recover fair compensation. We often act in solicitor negligence claims on a no win, no fee basis. We combine deep legal expertise with a client-focused approach – ensuring you understand your options, guiding you through the process, and fighting to achieve the best outcome.

If you believe you have suffered loss due to a solicitor’s negligence, please contact us for a confidential, no-obligation discussion. Call us on 0151 541 2040 or 0203 846 2862, or complete our simple enquiry form.

What Is Solicitor Negligence?

Solicitor negligence (professional negligence by a solicitor) occurs when a solicitor fails to perform their duties to the standard of a reasonably competent solicitor, and as a result, the client suffers loss. In simpler terms, it means the solicitor did not take the care that the law expects, and their mistake caused you a measurable harm. This could involve giving incorrect legal advice, mishandling a transaction or case, missing important deadlines, or making drafting errors in legal documents, among many other issues.

Every solicitor owes their client a duty of care to act with reasonable skill, care, and diligence. This duty is usually established as soon as you engage the solicitor, it’s often confirmed in a client care letter or retainer agreement, but even without a written contract, a solicitor instructed by you automatically owes you this duty. If the solicitor’s actions (or inaction) fall below the standard expected of a reasonably competent professional in that field, it is a breach of their duty . However, proving negligence doesn’t end there, you also need to show that the breach caused you loss (usually financial loss). In a legal claim, negligence has four key elements: duty, breach, causation, and loss. We outline these in the next section.

Proving a Negligence Claim: Duty, Breach, Causation, and Loss

To succeed in a claim against a solicitor for negligence, you generally need to prove all of the following elements:

Duty of Care:

That the solicitor owed you a duty of care. If you were their client, this is usually straightforward, solicitors must perform their work for you with reasonable care and skill. (In certain cases, a solicitor might also owe a duty to others affected by their work, such as an intended beneficiary of a will, but typically the duty is to the client who engaged them.)

Breach of Duty:

That the solicitor breached that duty by failing to meet the expected standard. The question is whether the solicitor’s conduct fell below what a reasonably competent solicitor would have done in the same situation . Examples might include making an error that a normally skilled solicitor would not make, or giving advice that no reasonable professional would consider correct. We will illustrate examples in various practice areas below.

Causation (Link to Loss):

That the solicitor’s breach of duty caused you loss. This usually means showing that but for the solicitor’s mistake, you would not have suffered the loss you did. In other words, the error must have made a real difference. Sometimes this involves a hypothetical scenario: for instance, if a solicitor missed a deadline to file a claim, we ask “What would have happened if the deadline was met?” If the answer is that you likely would have won a case or obtained a better outcome, then the negligence caused you to miss out on that outcome. (If the outcome would have been the same even without the solicitor’s error, then the negligence did not cause any loss.) In complex cases, especially those involving missed opportunities, the court may assess causation on a “loss of chance” basis, see more on this below.

Loss (Damages):

That you suffered a loss as a result. In most solicitor negligence claims, this is a financial loss. It could be money you had to pay or money you failed to recover because of the solicitor’s error. It might also include additional legal costs you incurred fixing the problem. In some cases it can include other specific losses (for example, loss of a property value, lost inheritance, etc.). Importantly, if you didn’t ultimately suffer a quantifiable loss, then even if the solicitor was negligent, there isn’t a claim. the law compensates actual loss, not mere poor service. We will help assess what losses you have incurred due to the negligence.

Even if you establish duty, breach, causation, and loss, there are further legal principles that affect a negligence claim:

Scope of Duty & Foreseeability:

Not every consequence of a mistake is recoverable, the law limits claims to losses that fall within the scope of the solicitor’s duty and were a reasonably foreseeable result of the breach. In other words, your loss must be the kind of loss the solicitor was responsible for guarding against . For example, if a solicitor gave negligent advice on a specific transaction, you can claim losses related to that transaction; but you generally cannot claim for unrelated losses or extraordinary consequences that the solicitor could not have anticipated. The UK Supreme Court has emphasized this point in recent cases, notably in Manchester Building Society v Grant Thornton (2021), which reformulated the test for a professional’s scope of duty. The court will ask what risk the advice or service was supposed to protect you from, and whether your loss was within that risk . We will carefully analyse your case to ensure your claim focuses on losses that are within the scope of the solicitor’s duty to you.

Remoteness of Damage:

This principle is related to scope of duty and foreseeability. A loss that is too remote, meaning it was not a foreseeable outcome of the solicitor’s breach, cannot be recovered. For instance, if a solicitor’s small error set off an unexpected chain of events leading to an outlandish loss, the court might deem that loss too remote (too far removed) to compensate. In practice, most financial losses directly caused by the negligence will be considered foreseeable enough, but we will advise if there are any concerns about remoteness in your claim .

Intervening Events:

If something occurs after the solicitor’s mistake that actually causes or worsens your loss, it might break the legal chain of causation. Lawyers call this a “novus actus interveniens” (new intervening act). For example, say a solicitor was negligent in drafting a contract, but before the error has any effect, an unrelated market crash causes your financial loss – the market crash is an intervening event, and the solicitor might not be liable for that loss. We will assess whether any such factors played a role in your situation . If an intervening event truly supersedes the solicitor’s fault, the claim may not succeed for that portion of the loss.

Loss of Chance:

In some cases, what the solicitor’s negligence cost you is not a guaranteed outcome but the loss of an opportunity. This often happens in litigation matters – for example, the solicitor missed a time limit to sue someone, so you lost the chance to obtain compensation in that lawsuit, but we can’t be 100% certain you would have won or how much you would have won. In these scenarios, the court can award damages for the value of the lost chance. The process is that the court will first determine, on the balance of probabilities, that you genuinely had a real and substantive chance (and you would have pursued it) – courts will not compensate a mere speculative or dishonest claim . If you satisfy that threshold, the court then evaluates the lost chance as a percentage. For example, if it finds you had about a 60% chance of winning £100,000, your damages for the lost chance might be around £60,000. The Supreme Court case Perry v Raleys Solicitors (2019) is a landmark decision on this topic: it confirmed that a claimant must prove they had an honest claim or chance in the first place, and it upheld a trial judge’s decision to rigorously test the claimant’s evidence about what they would have done if properly advised.

Our team has significant experience with loss-of-chance arguments – we gather the necessary evidence to demonstrate the merit of the opportunity you lost so that you are awarded a fair proportion of what you missed out on.

Read our Comprehensive Guide to Professional Negligence Claims

Common Examples of Solicitor Negligence

Solicitor negligence can occur in virtually any area of law. Below are some common scenarios and examples across various legal fields where we have seen solicitors fail to meet the required standards:

Litigation and Court Proceedings:

Perhaps the most classic example is a solicitor missing a court deadline or limitation date. If your solicitor fails to issue your claim within the legal time limit or misses a critical court filing deadline, your case might be struck out or your rights lost – a clear case of negligence. Similarly, negligence can occur if a solicitor under-settles a claim (e.g. advising you to accept a settlement far lower than your claim’s true value without proper advice about the risks), or if they mishandle evidence or arguments leading to you losing a case you otherwise would likely have won. For instance, a solicitor who neglects to present key evidence or fails to attend a hearing could be liable if that mistake alters the outcome of the case. Another litigation example is poor advice on merits – if a solicitor negligently advises you that your claim has no chance (causing you to drop a case that would have succeeded), or conversely that your weak case is strong (causing you to incur cost in a doomed case), you may have a claim for the losses incurred by following that bad advice.

Conveyancing and Property Transactions:

Property purchases are a major area of solicitor negligence claims. You rely on your solicitor to conduct proper searches, checks, and paperwork when you buy or sell a property. Negligence might involve failing to discover problems with title (such as an undisclosed easement, right of way, or a restrictive covenant on the land) that later decrease your property’s value or use. It could be not registering transactions or charges at the Land Registry – for example, if your solicitor forgets to register you as the owner or fails to register a mortgage, leading to serious complications. Other examples include negligent advice on leasehold purchases (not explaining onerous lease terms or service charges), missing planning permission issues or failing to inform you of building regulations problems, or errors in drafting contracts for sale. Property is often high-value, so mistakes here can be very costly. If your conveyancing solicitor’s oversight caused you financial harm – such as buying a house with legal defects you weren’t told about – you could pursue a negligence claim. Read our pages on Conveyancing and Surveyor Negligence.

Wills, Trusts, and Probate:

We place great trust in solicitors handling our wills and estates. Unfortunately, mistakes in this area can leave family members or beneficiaries out of pocket. An example is negligent will drafting – say a solicitor drafts a will incorrectly, causing an intended beneficiary to be disinherited or a tax consequence that could have been avoided. In English law, even though the disappointed beneficiary was not the solicitor’s client, they may have a negligence claim against the solicitor (solicitors owe a duty to intended beneficiaries to a certain extent in will drafting). Another scenario is where a solicitor loses important documents (like the original will) or delays excessively in probate administration, causing financial loss to the estate or beneficiaries. Incorrect legal advice in estate planning (for instance, about inheritance tax or trust arrangements) can also be negligent if it leads to avoidable tax bills or other losses. If you suspect a loved one’s estate was mismanaged by a solicitor or a will was drafted wrongly, we can advise on a potential negligence claim. Read our guide to Inheritance and Will disputes.

Commercial and Business Law:

Solicitors involved in company sales, contracts, or commercial transactions may be liable if they make drafting errors or fail to advise on crucial aspects. For example, in a business acquisition, a solicitor might negligently omit a key warranty or indemnity in the sale agreement, leaving the buyer exposed to liabilities they thought they were protected from. Or a solicitor might fail to point out a problematic contract clause (such as an onerous penalty or a termination condition), and the client suffers a loss when that clause is later enforced. Negligent drafting of commercial leases or property development agreements is another scenario – if a clause is poorly drafted or a tenant’s obligations are not as expected due to the solicitor’s error, it can cause significant financial harm. We also see claims arising from commercial lending or finance transactions where solicitors do not properly register security or check priority of charges, resulting in a lender not having the security they believed they had. In all these cases, if the solicitor’s mistake causes a financial loss to your business or investment, you may have a claim.

Employment Law and Settlement Agreements:

Employment law matters often involve strict time limits and complex regulations. A common negligence example is a solicitor missing the deadline to file an Employment Tribunal claim (usually 3 months less one day from the act of discrimination or dismissal). If, say, you had a valid unfair dismissal or discrimination claim and your solicitor failed to submit it in time, you lose the chance to pursue that case – which can be actionable negligence, valued as the loss of whatever compensation you stood to win. Another scenario is negligent advice on a settlement agreement: perhaps your solicitor advised you to accept a settlement from your employer without explaining your claim’s full value or without ensuring the agreement was tax-efficient, and you later realise you settled for much less than you could have obtained. Likewise, if a solicitor representing an employer drafts a contract or handles a redundancy process negligently, causing the employer financial loss (for example, because the contract wasn’t airtight and a claim arises, or the process failure leads to a larger compensation payout), that employer could have a claim against the solicitor. Our team has handled professional negligence cases stemming from a variety of employment law contexts, on behalf of both employees and employers.

These examples are just illustrative. Solicitor negligence can arise in any area – from family law (imagine a solicitor drafting a faulty divorce settlement) to intellectual property (failing to file a patent application on time) and beyond. If you have encountered a poor outcome with a solicitor and suspect their error is to blame, get in touch with us.

Read our examination of solicitor negligence case law.

Our experienced team is ready to assess your situation and advise on the merits of your claim. For a free consultation, call 0151 541 2040 or 0203 846 2862, or complete our simple enquiry form.

Our Expertise in Solicitor Negligence Claims

Pursuing a professional negligence claim against a solicitor requires a combination of legal knowledge, analytical skill, and tenacity. Our specialist team offers all of that and more. We have decades of collective experience in suing negligent solicitors and other professionals. We understand how distressing it can be when a trusted adviser’s mistake causes you harm – you may feel betrayed, anxious, and unsure of who to turn to. Our role is to step in as independent experts who can objectively assess what happened and fight your corner to put things right.

Why choose us? Here are a few reasons:

We are proud members of the Professional Negligence Lawyers Association (PNLA), a specialist organisation of solicitors with expertise in handling complex professional negligence claims. Our membership reflects our commitment to maintaining the highest standards in this area of law.

Proven Track Record: We have successfully resolved numerous solicitor negligence claims, recovering substantial compensation for our clients. Whether it was a botched property deal, a mishandled lawsuit, or bad legal advice that backfired, chances are we have handled a case similar to yours. We know the common pitfalls and how to overcome the typical defenses that negligent solicitors and their insurers raise.

Advanced Legal Insight: Our lawyers stay at the forefront of developments in professional negligence law. We also keep abreast of changes in civil litigation practice – such as the introduction of Fixed Recoverable Costs for many such claims from October 2023 (discussed more in the FAQ below) – and the Solicitors Regulation Authority’s latest rules on client protection (like the indemnity scheme for closed firms ). This cutting-edge knowledge means your case will be built on the strongest legal foundations and strategies.

Personalised Service: We pride ourselves on combining big-firm expertise with personalised attention. From day one, we will explain the process in clear terms (avoiding legal jargon) so you know exactly what to expect.

No Win, No Fee Options: We appreciate that clients are often worried about legal costs, especially after already losing money due to a solicitor’s mistake. In many cases, we can offer conditional fee agreements (“no win, no fee”) or other flexible funding arrangements. We will discuss funding with you upfront.

Ready to act? Contact us today to speak with a solicitor from our professional negligence team. We’ll review your situation confidentially and advise you on your options. There are time limits to be aware of (see FAQs), so it’s important not to delay.

Frequently Asked Questions

Below we answer some common questions clients have about making a professional negligence claim against a solicitor. If you have any other questions, please don’t hesitate to reach out – we’re here to help.

What is the difference between a complaint and a negligence claim against a solicitor?

A complaint addresses dissatisfaction with a solicitor’s service or conduct, often starting with the firm’s complaints process and escalating to the Legal Ombudsman for minor issues like delays, poor communication, or modest financial loss. The Ombudsman can award compensation, capped at £50,000, but typically handles less complex cases.

A negligence claim seeks compensation for substantial financial loss caused by a breach of duty, pursued through court proceedings. Negligence claims can recover larger sums than Ombudsman awards and involve legal costs, with winners often recovering a portion of their costs from the defendant. While complaints are suitable for minor errors, negligence claims address serious failures.

In some cases, both routes may be appropriate, starting with a complaint and moving to a claim if necessary. For significant losses or clear negligence, prompt legal advice is recommended due to strict time limits. Our team can help assess the best approach for your situation.

What are the time limits to sue a solicitor for negligence?

Yes, there are strict time limits for bringing a professional negligence claim. Under the Limitation Act 1980, the primary limitation period is 6 years, starting from the date of the negligent act or the loss caused. However, if you discover the negligence later, a secondary period of 3 years applies from the date you first knew or could reasonably have known the facts. Regardless, there’s an absolute long-stop deadline of 15 years from the act, except in cases of fraud or deliberate concealment.

If the claim is based on a breach of contract, the time limit is usually the same: 6 years from the breach or 12 years if the contract was executed as a deed. For negligence in court proceedings, the 6-year limit starts from the solicitor’s error or when the case concludes adversely, with the 15-year cap still applying.

Missing these deadlines is usually fatal to a claim, so acting promptly is crucial. Our team will help calculate your limitation period and take timely steps if needed. Contact us as soon as possible to ensure your rights are protected.

How much will it cost to bring a solicitor negligence claim?

We understand concerns about legal costs. Initial consultations are free, and we often act on a “no win, no fee” basis, meaning you pay only if your claim succeeds. Our fees are typically recoverable from the defendant’s insurers, and insurance can cover adverse costs if a claim is lost.

Court fees and expert report costs may apply, but we strive to minimise out-of-pocket expenses. If your claim succeeds, the losing party usually pays 60-80% of your legal costs, with the remainder managed through success fees or insurance. For claims under £100,000, new Fixed Recoverable Costs rules may apply, capping recoverable costs based on complexity.

We offer flexible funding arrangements, transparency, and advice to ensure the financial aspect is manageable, aiming to secure maximum recovery of your losses with minimal net cost to you.

What compensation can I get if my solicitor was negligent?

The compensation (or “damages”) you can recover in a solicitor negligence claim is intended to put you in the position you would have been in had the negligence not occurred, so far as money can do so. In practical terms, this usually means repaying you for financial losses caused by the solicitor’s mistake. The exact amount will depend on the facts of your case, but here are some common categories:

Financial loss directly caused by the negligence:

This is the core of most claims. For example, if due to your solicitor’s negligence you lost a legal case that you should have won, the compensation would be the value of the claim you lost out on (i.e. the damages you would have received from the original case, or a settlement value, adjusted for the chances of success if relevant). If the solicitor’s error meant you paid more tax or bought a property at an inflated price, the loss would be the extra amount paid or the diminution in value. We quantify these losses by looking at the difference in outcome with and without the negligence. Sometimes this involves some expert evidence or a “trial within a trial” (especially in loss of chance cases) to assess what the result should have been. Our lawyers are experienced in assembling the evidence to prove the value of your lost opportunity or loss incurred.

Additional costs and expenses:

You may also claim any foreseeable costs incurred as a result of the negligence. For instance, if you had to hire a new solicitor to fix the mistakes of the first one, those fees can be claimed (to the extent they are reasonable). Or if a transaction had to be aborted and you incurred extra charges (survey fees, court fees, etc.), those can often be recovered. Another example: if a delay caused by the solicitor led to you incurring interest or penalty fees (say, on a late tax payment or a financing cost), those financial charges are part of your loss.

Interest on your losses:

In litigation, you are generally entitled to claim interest on top of your actual losses, calculated from the time of the loss to the date of repayment. The court’s standard rate of interest is usually 8% per annum simple interest, but it can vary. This interest is meant to compensate you for being out-of-pocket in the interim. If we settle the claim, interest is often a point of negotiation.

What about non-financial loss? Typically, pure emotional distress or inconvenience caused by a solicitor’s negligence is not generously compensated in a court claim. The court focuses on measurable economic loss. However, if the negligence caused, for example, damage to your legal position or rights, that can translate into a monetary value (like loss of a chance as discussed). The Legal Ombudsman, in contrast, might award a few hundred pounds for distress/inconvenience, but courts are more reluctant to do so except in certain specific scenarios (like if the negligence caused litigation against you wrongly, you might get some damages for that hassle).

We will assess all possible heads of loss in your case to ensure you claim everything you are entitled to. Importantly, you have a duty to mitigate your loss – meaning you should act reasonably to keep your losses from escalating once you discover the problem. For example, if a solicitor’s mistake comes to light, you should not recklessly incur further losses that could have been avoided. We will advise you on mitigation, because the defendant might argue that some losses are your responsibility if you failed to mitigate.

In summary, the goal of a negligence claim is full compensation for your financial losses caused by the solicitor’s breach of duty. There are no punitive damages in professional negligence in the UK – it’s not about punishing the solicitor, but compensating you. Rest assured, we will carefully calculate your losses (with expert input if needed) and fight to recover every penny you deserve. By instructing us, you maximize your chance of a favourable outcome that corrects the wrong as much as possible.

Can I still sue a solicitor or firm that has closed down or ceased trading?

Yes, you can still bring a claim if the solicitor’s firm has closed or the solicitor has retired. Solicitors in the UK are required to have professional indemnity insurance, which typically includes “run-off” cover for up to 6 years after firm closure. This insurance covers negligence claims during that period, and we can assist in identifying the insurer.

If the firm closed more than 6 years ago, the Solicitors Regulation Authority (SRA) provides a Solicitors Indemnity Fund (SIF) to cover valid claims beyond the run-off period. Established in 2023, this fund ensures compensation for late-arising negligence claims. We can guide you through applying to this scheme if needed.
If the solicitor moved to a new firm or the firm merged, liability may still rest with the original firm or its insurer. In all cases, we’ll investigate and handle the complexities, liaise with the SRA, and identify the responsible party or insurer. Don’t let a firm’s closure deter you—contact us to explore your options and secure justice.

Need further guidance? The above FAQs cover the most common questions, but you may have others specific to your situation. We welcome you to reach out and speak with our team. Our goal is to make the process of claiming against a negligent solicitor as clear, smooth, and successful as possible for you.

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Carruthers Law

Carruthers Law Solicitors are based in Liverpool but act for clients nationwide