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Professional Negligence

If you have been let down by a professional advisor and you have suffered financial loss as a consequence, you may be able to bring a claim for damages for professional negligence.  You will need to prove that the professional owed you a duty of care, that there has been a breach of that duty, and that the breach caused your loss.  You may need expert evidence to prove the amount of your loss.

Many professionals are obliged by their governing body to have professional indemnity insurance cover to ensure that financial claims against them can be met but specific procedures often have to be followed in order to bring these claims and advice from a member of our experienced team can be extremely important.

Our team has worked on disputes involving accountants, barristers, chartered surveyors, insurance brokers, quantity surveyors and solicitors.   The team has particular experience advising financial institutions and others bringing claims for damages against solicitors for negligence, and against surveyors for negligent over-valuation of property.

If your complaint relates to service, there may be an ombudsman or regulator who can deal with your complaint.  These include:

  • The Legal Ombudsman (for complaints against lawyers)
  • The Financial Conduct Authority (for complaints against insurance brokers and financial advisors)
  • The Ombudsman Services: Property (for complaints relating to estate agents, residential managing agents, residential letting agents, and other property professionals)

If you would like any further advice on negligence matters please contact one of our team below to see how we can help.

 

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Meet the Team

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Rob Kelly

Associate — Dispute Resolution

Direct dial: 01202 755217
Switchboard: 01202 755980

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  • “A first choice for truly contentious Litigation in Automotive and Asset Finance and Leasing. His pure skill in tricky work wins through time and again and adds real value compared with the so called 'top tier' litigators. Truly capable, amenable and commercially minded business partners, the 'master chessmen' of their specialty.”

    Paul Maxted, previously the In house Legal Adviser and Company Secretary nearly 20 years, all Financial Services related companies in UK for Daimler, Mercedes-Benz

  • “I have had the pleasure of working with several members of the team at Laceys regularly over a period of years. I found Rob Kelly in particular, who worked on a successful litigation case for me over a period of several years to be outstanding in all aspects of the work he undertook, and the manner in which he did it. I now consider him a friend. I would not - and have not - hesitated to recommend Laceys to my family and friends, and continue to use them for all legal matters.”

    Dan Collins

  • “ I just wanted to thank you for your great work on the professional negligence case and other cases you have represented Indian Ocean and Tiien through the last few years.”

    Mehdi Vahdati, Director and Proprietor - Indian Ocean (Bournemouth) Limited

  • “I've worked with a fair few lawyers over the years and Rob Kelly is the most on the ball and efficient lawyers I've ever come across. I'm looking forward to working together for many years to come.”

    Roger Woodall, CEO - Diamond Sporting Group

Rob specialises in dispute resolution through litigation, arbitration and mediation, with particular emphasis on contractual disputes, insurance and claims involving allegations of professional negligence (which he has prosecuted on behalf of commercial and private clients and defended on behalf of their insurers, re-insurers and Lloyd’s syndicates). He is regularly instructed in connection with substantial disputes involving contractual, professional negligence and contentious probate issues.

Rob’s style is a mix of listening, asking (tough) questions, diplomacy and reality testing. He’s interested, flexible, and pragmatic. He offers a common sense, realistic approach to assist his clients in searching for solutions to their disputes and brings straight talking and integrity to his work.

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Mark Timberlake

Managing Partner — Dispute Resolution

Direct dial: 01202 755980
Switchboard: 01202 755980

Email

  • “The advice Mark gave was very good value for money and the combination of strictly accurate legal advice and common sense were exactly what I needed.”

    Nick Stocks. Director, Spitfire Court Properties Ltd.

  • “Mark Timberlake is an exceptional solicitor. He has a huge depth of knowledge in his speciality and looks after his clients in a very kind and patient manner. Mark is unfailingly courteous and always a pleasure to deal with. I am always confident in any matter that Mark has dealt with.”

    Jane Balmforth

  • “We have had many years of top class professional advice and assistance in many respects of our property ownership. However great our worries initially, matters have been dealt with in a most professional manner and to our satisfaction.”

    Michael Filer, Bourne Court Consortium

Mark qualified as a solicitor in 1989 and since then has specialised in property and landlord and tenant disputes, possession and debt recovery in relation to both commercial and residential property. He has extensive experience in relation to issues involving blocks of flats including representation in the Property Chamber and the courts. He has also dealt with many commercial disputes, professional negligence and insolvency claims.

He has frequently given talks on the law as it affects managing agents through the Association of Residential Managing Agents and other groups.

He has been recommended for many years by the Legal 500 Guide to the Legal profession which has said that Mark ‘is very highly rated by clients’, ‘explains complex issues in understandable terms’ and ‘is excellent in really difficult situations’. He is a committee member of the Bournemouth Law Society and a governor of Dumpton School.

Mark is married with 2 teenage children and at weekends can often be found on his boat which he sails competitively.

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Brendan Herbert

Partner — Dispute Resolution

Direct dial: 01202 755201
Switchboard: 01202 755980

Email

“Brendan has been really great on a whole range of professional negligence issues. I highly recommend him.”

Cressida Granger, Perspex Pension Fund/Mathmos Ltd

Brendan has a BSc in Zoology and Psychology from the University of Liverpool, and went on to obtain his Post Graduate Diploma in Law, and Legal Practice Course at the College of Law (now the University of Law), in Chester.  Brendan completed his training with a national firm in Manchester and London, and was admitted as a solicitor in 2005.

Brendan is part of our Dispute Resolution Team, working with both private individuals and businesses to either avoid or resolve disputes. With over 10 years experience he has helped clients deal with a wide variety of issues from professional negligence claims and breach of contract disputes, to more specialist areas including construction disputes, intellectual property work, licensing applications and inheritance claims.

Brendan has a very approachable manner, and places great importance on client relationships. He enjoys tackling all matters directly, and always looks to provide clients with practical, cost effective solutions. Outside of work Brendan runs a hugely successful music festival in the Cotswolds.

When he is not knee deep in mud at a festival, he enjoys travelling (especially in Africa, where he worked as a safari camp manager for a year),  golf, photography and getting out and about in the Dorset countryside.

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