Business Action | April / May 2020
April / May 2020 issue of the independent North Devon-based business magazine covering news about business and enterprise in the area. This issue includes finalists of in the 11 categories of the Business Action Awards 2020. The area covered includes Barnstaple, Bideford, Braunton, Chulmleigh, Combe Martin, Holsworthy, Ilfracombe, Lynmouth, Lynton, South Molton, Torrington, Woolacombe and more.
April / May 2020 issue of the independent North Devon-based business magazine covering news about business and enterprise in the area.
This issue includes finalists of in the 11 categories of the Business Action Awards 2020.
The area covered includes Barnstaple, Bideford, Braunton, Chulmleigh, Combe Martin, Holsworthy, Ilfracombe, Lynmouth, Lynton, South Molton, Torrington, Woolacombe and more.
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NEGLIGENCE<br />
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What’s the difference between a lawyer,<br />
an accountant and a surveyor?<br />
I would like to say that the<br />
question above is the beginnings<br />
of a great joke and then<br />
sock you with a hilarious<br />
punchline. But sadly, I can’t. As<br />
a solicitor who specialises in<br />
professional negligence claims,<br />
I can say that in fact, there is<br />
very little difference between<br />
them. Or indeed any professional.<br />
They can all be negligent<br />
and they can all be sued.<br />
In fact, any individual can<br />
be considered negligent but<br />
when it comes to professionals<br />
– usually defined as those who<br />
are members of a professional<br />
body and/or are obliged to<br />
hold Professional Indemnity<br />
Insurance – it is their expertise<br />
in that profession that is being<br />
put to the test.<br />
So what do you need to<br />
prove to bring a claim for<br />
professional negligence?<br />
Firstly, you need to show<br />
that there was some sort of<br />
special relationship between<br />
Emma Slade of Slee Blackwell Solicitors on professional negligence<br />
you and the<br />
probably would<br />
professional.<br />
say payment<br />
This can be<br />
helps if you can<br />
quite simple.<br />
believe half the<br />
If you asked<br />
lawyer jokes<br />
them to do<br />
doing the rounds<br />
something for<br />
on the internet.<br />
you in their<br />
Secondly, you<br />
professional<br />
need to show that<br />
capacity and<br />
they breached<br />
they agreed<br />
their duty of care<br />
to do so, they<br />
to you. Not very<br />
will owe you<br />
easy because if<br />
a duty of care<br />
you employed<br />
to act reasonably<br />
and<br />
ably don’t have<br />
them, you prob-<br />
to a reasonable standard. that expertise yourself. But<br />
Funnily enough, an exchange that is not the test. The test<br />
of money (an invoice) is not to see whether a professional<br />
always necessary to show that has been negligent is whether<br />
a “special relationship” or duty the professional was acting in<br />
of care is owed. You just need a manner that is acceptable<br />
to show that the professional to a similarly qualified and<br />
knew you would be relying experienced professional.<br />
on their advice. Obviously, And finally, to bring a<br />
evidence of payment does claim, you have to show that<br />
help – but then as a solicitor, I the breach has caused you to<br />
suffer a financial loss. Don’t<br />
think that simply because you<br />
are out of pocket, it ticks the<br />
box for this third requirement.<br />
There must be a direct<br />
and foreseeable link between<br />
the breach and the loss. For<br />
example, if your surveyor<br />
missed the existence of damp<br />
in a property, you may have<br />
lost the opportunity of getting<br />
a reduction in the house value.<br />
But if you crash your car when<br />
you hear how much it is going<br />
to repair, you can probably see<br />
that the cost of the car repair<br />
is a little too remote to claim.<br />
Although complicated, to<br />
be honest, it is relatively easy<br />
to find out if there is a claim.<br />
Quite simply, call Slee Blackwell.<br />
My team and I are more<br />
than happy to have a chat with<br />
you and give you a free risk<br />
assessment of any claim you<br />
may think you have.<br />
■■Details 01271 372128 or<br />
sleeblackwell.co.uk<br />
Looking for independent financial advice?<br />
Call us on 01237 426450<br />
for a free initial consultation<br />
Friendly, Reliable, Affordable<br />
• Accounts<br />
• Bookkeeping<br />
• Limited Companies • VAT<br />
• Tax<br />
• Payroll / CIS<br />
contact@dscottfinancial.co.uk<br />
https://dscottfinancial.co.uk<br />
Your home may be repossessed if you do not keep up repayments on your mortgage.<br />
Over 20 years experience - Free initial meeting<br />
mail@garethpollardaccountancyservices.com<br />
T: 01409 254817 M: 07811 164428<br />
The Old Orchard | Holsworthy | Devon | EX22 6LT<br />
@businessactionm | <strong>April</strong> / <strong>May</strong> <strong>2020</strong> | business action 11
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