Professional Negligence is a serious issue that can arise when a professional fails to perform their duties to the standard expected within their field. In the context of property law, licensed conveyancers are often at the forefront of legal transactions involving the buying, selling, and transferring of property. These professionals are regulated by the Council for Licensed Conveyancers (CLC), an independent regulatory body that ensures high standards of practice.
What is Professional Negligence
Professional Negligence occurs when a professional fails to meet the standards expected of them within their area of expertise, resulting in harm or financial loss to a client. In the case of licensed conveyancers, this could involve errors such as failing to carry out due diligence, missing deadlines, providing incorrect advice, or handling paperwork improperly. When these mistakes occur, the consequences can be significant—delays in property transactions, financial losses, or even legal challenges to a property deal.
To prove professional negligence, a claimant must demonstrate three key elements:
Duty of Care: The professional must have had a duty of care towards the client. In the case of conveyancers, they have an obligation to act in the best interest of their clients during property transactions.
Breach of Duty: The professional must have failed to meet the required standard of care. For example, a conveyancer might have failed to notice an issue with the title deeds, leading to a legal dispute.
Causation and Damages: The breach must have caused tangible harm or loss to the client. If the client did not suffer any harm or loss, the claim will fail.
The Role of the Council for Licensed Conveyancers
The Council for Licensed Conveyancers (CLC) is the regulatory body overseeing licensed conveyancers in the UK. The CLC ensures that conveyancers meet the required standards of competence and ethical behaviour. It also provides oversight to ensure that clients receive high-quality service and protection.
In cases of professional negligence, the CLC can play a crucial role in addressing the issue. It has the authority to investigate complaints made against licensed conveyancers and take appropriate action, which can range from issuing warnings to removing the conveyancer from the regulatory register.
For clients who believe they have experienced negligence, the CLC is an essential avenue for filing a complaint. The CLC works to resolve disputes and hold conveyancers accountable for their actions. However, it is important to understand that while the CLC may take action against the conveyancer, it does not handle financial compensation for clients. This is where legal action and legal teams come in.
If you have been affected by professional negligence, it’s crucial to seek legal advice as soon as possible. Reuben Law specialise in professional negligence law and can help assess whether you have a valid claim. They can guide you through the process of gathering evidence, including documentation of the negligence, communication with the CLC, and preparing for legal action if necessary.
Our legal team can help with the following:
When dealing with professional negligence, there are several potential resolutions. These include:
In some cases, you may also be entitled to claim for the costs of the legal process, should your legal team take action on your behalf.
There have been numerous cases involving professional negligence by licensed conveyancers. For example, in the case of Smith v. Hamilton, a conveyancer failed to notice an issue with the land registry, leading to a dispute over ownership. The client successfully sued for negligence, and the conveyancer was ordered to pay damages.
Similarly, Jones v. Parkhurst Conveyancing involved a case where a client suffered financial loss due to a conveyancer’s failure to identify a clause in the contract that negatively affected the property’s value. The client was awarded compensation for the financial damage caused by the negligence.
At Reuben Law, we understand the complexity and potential impact of professional negligence claims. Our expert legal team are dedicated to protecting your rights and ensuring that you receive the compensation and justice you deserve. Whether you are dealing with a licensed conveyancer or another professional, we offer personalised legal support that focuses on your unique circumstances.
We take pride in providing a professional, yet friendly service. We guide you through every step of the legal process and work tirelessly to resolve your case as efficiently as possible. If you believe you have been a victim of professional negligence, don’t hesitate to reach out to Reuben Law for expert advice and representation.