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Success for the Professional Negligence department


February 12, 2013


We are proud to report that we have negotiated yet another pre-action settlement against a firm of solicitors. The full extent of damages claimed were recovered with no discount for pre-action or early recovery. Our clients are delighted with the result as the damages covered all of their out-of-pocket expenses incurred in mitigating their loss.

This claim arose out of a conveyancing transaction. The solicitors failed to identify that our client did not, in fact, have any right within the deeds to the supply of water which passed over a third party property. During the course of the dispute, there was an on-going threat that the water supply would be cut off by the third party unless our clients purchased a relevant easement. Negotiations were successfully concluded with the third party landowner, upon which the losses associated with the professional negligence claim crystallised and the professional negligence claim was settled. The losses which form part of the professional negligence claim included the cost to purchase the easement i.e. the sums paid direct to the third party landowner and the legal costs incurred by our client in negotiating and executing the easement.