Professional Negligence

Many people and organisations are provided with advice by professionals. Examples can include accountancy services, legal and investment advice or insurance advice. In these examples, the professional providing advice owes both a contractual and what is known as a common law duty to act with reasonable care and skill.

If they fail to act in accordance with that duty (or other duties they owe such as confidentiality and to not act in conflict of interest) and their actions cause loss, a claim for the loss suffered because of their actions may be possible.

These types of claims are called professional negligence or professional liability claims.

At Tenet, we provide advice on a niche area of professional negligence claims, namely when there has been a failing with respect to some concern relating to fraud or dishonest behaviour.

This is a difficult area to navigate because if a professional adviser has been dishonest, their insurers will not cover loss they have caused.

However, there are many examples where professional negligence and fraud do come together.

Examples include:

  • Solicitors advising incorrectly when handling litigation involving allegations of fraud or a transaction where a risk of fraud was evident
  • Accountants failing to detect fraud in a company they provide advice to, such as audit advice
  • Insurance brokers failing to obtain policy cover that would be relevant to the fraud risk of an organisation or in failing to advise correctly in relation to condition precedents that need to be complied with
  • Advisers acting in conflict of interest to a client

Case Studies

Misrepresentation, Non-Party Disclosure, Professional Negligence

The one with promises, lies and further lies…

Client Type - individual

View case study

Advice was provided to a group of investors in relation to seeking to “pierce the corporate veil” to help bring a claim against a company’s directors and shareholders who had led them into a series of loss-making property purchases. Those property purchases benefited the former directors and shareholders of the company in question. The advice […]

We have experience in successfully running a number of these types of professional negligence cases and have experience in how to approach setting out a claim to a former professional adviser and dealing with their insurers.

If the case has sufficient merit, we have advised clients to issue proceedings and have gained success for them in the process. Many of our cases relate to cases against solicitors, accountants and financial advisers.

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Tenet Compliance & Litigation Limited. Registered Office, 10th Floor, Lyndon House, 62 Hagley Road, Birmingham, B16 8PE. Registered in England and Wales. Registered No: 09776405. Authorised and regulated by the Solicitors Regulation Authority. SRA Identification No. 626562.
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