Professional negligence claims arising from...
Posted in Professional Negligence on 8th Nov 2021
What does it mean if your case is struck out?
In simple terms, the term ‘struck out’ means that a claim has been dismissed by a court and cannot be pursued any further. The consequences of a claim being struck out can be mortifying. You could lose the opportunity to continue with your claim, and may as well be obliged to pay your opponent’s legal costs as well as your own.
Reasons that a Court can strike out a claim
The Court has various powers to strike out a claim. This is clarified further under Civil Procedure Rule 3.4 which confirms that the...
Alternative Dispute Resolution in Professional...
Posted in Professional Negligence on 2nd Nov 2021
Pre-Action protocol for professional negligence
When an individual or company first intimates a claim for negligence against a former professional, the parties must adhere to the provisions of the Pre-Action Protocol for Professional Negligence. The Protocol sets out the preliminary steps that parties must take prior to issuing court proceedings.
The rationale for the Protocol is to allow parties to understand each other’s positions with the aim of settling a dispute earlier with fewer incurred costs and crucially, without involving the court system.
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Financial Misconduct by Legal Professionals...
Posted in Professional Negligence on 1st Nov 2021
At Clime Associates we have a specialised team of lawyers dealing specifically with professional negligence claims against a varying range of professionals arising out of financial misconduct.
Financial professional negligence claims
Professional negligence claims arising out of the provision of negligent financial advice or conduct can be made against both legal professionals and financial professionals such as accountants, auditors, IFA’s, brokers, actuaries, pension advisers and trustees.
All of the above owe their clients a duty to act with reasonable...
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