The practicalities

‘Pre-Action’ steps

The first main element of bringing a claim for negligent advice/ representation is normally to prepare what the court rules call a ‘letter of claim’ to be sent to the proposed defendant. This is a task that should not be taken lightly. The rules set out a detailed description of what is expected to be included in a letter of claim. It is essential to identify with precision the relevant facts, the negligence and the losses that have been caused.

Once the letter of claim has been finalised, the rules generally expect that the defendant should be allowed up to 3 months or so to fully investigate the claim before responding in detail and setting out whether the claim will be admitted or will be resisted. If the claim is to be resisted, then it may be that court proceedings would have to be commenced to progress the claim. If properly advised, that is a step that should hold no fear for a disgruntled client but there are still steps that can be taken to try to force a resolution without the need for court proceedings. An expert in professional negligence claims will be able to advise in more detail.

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