Professional Negligence Solicitors

Expert Professional Negligence Solicitors in Dublin

When you engage a professional—whether a solicitor, accountant, surveyor, architect, or other expert—you have the right to expect competent, diligent service that meets the accepted standards of their profession. When professionals fail to meet these standards and you suffer financial loss or other damages as a result, you may have a claim for professional negligence.

At Gary Matthews Solicitors, we specialize in holding professionals accountable when their negligence causes harm to clients. We understand the complexities of professional negligence claims and have the expertise to navigate the technical and legal challenges these cases present.

What Is Professional Negligence?

Professional negligence occurs when a professional breaches their duty of care to a client, causing that client to suffer loss or damage. To succeed in a professional negligence claim, you must prove:

1. Duty of Care

The professional owed you a duty of care, typically established through a contractual relationship or professional engagement.

2. Breach of Duty

The professional breached that duty by providing services that fell below the standard reasonably expected of a competent professional in their field.

3. Causation

The breach directly caused you to suffer loss or damage that you would not have suffered if proper professional standards had been met.

4. Quantifiable Loss

You suffered actual, measurable loss (usually financial) as a result of the negligence.

Types of Professional Negligence Claims

Solicitor Negligence

Solicitors owe clients a high duty of care. Common examples of solicitor negligence include:

• Missed time limits: Failing to file court documents or claims within statutory deadlines
• Poor conveyancing: Failing to conduct proper property searches or identify title defects
• Inadequate advice: Providing incorrect legal advice on complex matters
• Conflict of interest: Acting for parties with conflicting interests
• Failing to progress cases: Unnecessary delays in handling your legal matter
• Drafting errors: Mistakes in wills, contracts, or legal documents
• Settlement negligence: Accepting inadequate settlements without proper advice
• Failure to instruct experts: Not obtaining necessary expert evidence

Accountant and Tax Advisor Negligence

Accountants and tax advisors must provide competent financial advice and services:

• Tax planning errors: Incorrect tax advice leading to penalties and additional tax liabilities
• Audit failures: Failing to identify fraud or financial irregularities
• Incorrect tax returns: Mistakes resulting in HMRC investigations and penalties
• Poor financial advice: Recommending unsuitable business structures or transactions
• Missed tax reliefs: Failing to claim available tax deductions or credits
• Breach of fiduciary duty: Mishandling client funds or conflicts of interest

Surveyor and Valuer Negligence

Property surveyors must conduct thorough inspections and provide accurate valuations:

• Failing to identify defects: Missing structural problems, damp, subsidence, or other issues
• Inaccurate valuations: Over-valuing or under-valuing properties
• Poor survey reports: Incomplete or misleading survey reports
• Boundary disputes: Failing to identify boundary issues or encroachments
• Building regulation issues: Not identifying unauthorized works or planning breaches

Architect and Engineer Negligence

• Design defects: Flawed designs causing structural problems or building failures
• Planning permission errors: Designs that don't comply with building regulations
• Budget overruns: Failure to properly estimate project costs
• Poor site supervision: Inadequate monitoring of construction work
• Specification errors: Specifying inappropriate materials or methods

Insurance Broker Negligence

• Inadequate coverage: Failing to arrange appropriate insurance for your needs
• Policy gaps: Not identifying or explaining policy exclusions
• Renewal failures: Allowing policies to lapse without notification
• Misrepresentation: Providing incorrect information about policy terms
• Claim assistance failures: Not properly assisting with insurance claims

Estate Agent Negligence

• Misrepresentation: Providing false or misleading property information
• Failure to market: Inadequate marketing efforts for property sales
• Negligent valuations: Significantly over or under-valuing properties
• Breach of agency duty: Acting against client's best interests

Financial Advisor Negligence

(See also our dedicated Financial Negligence page)

• Unsuitable investment advice
• Pension mis-selling
• Failure to diversify portfolios
• Not considering risk tolerance

Common Consequences of Professional Negligence

Professional negligence can have serious consequences, including:

• Financial losses: Direct monetary loss from poor advice or errors
• Lost opportunities: Missing out on beneficial transactions or investments
• Tax penalties: Additional tax liabilities and HMRC penalties
• Property problems: Purchasing defective properties or overpaying
• Legal costs: Additional legal fees to remedy the professional's errors
• Business losses: Damage to businesses from poor professional advice
• Lost claims: Missing time limits resulting in inability to pursue valid claims
• Stress and anxiety: Emotional distress from professional failures

Compensation for Professional Negligence

In professional negligence claims, compensation aims to put you in the position you would have been in had the negligence not occurred. You may claim for:

Direct Financial Losses

• Money lost due to poor advice or negligent services
• Overpayment for property or investments
• Lost profits or income
• Wasted expenditure

Consequential Losses

• Additional professional fees to remedy the negligence
• Tax penalties and interest
• Legal costs incurred
• Business losses resulting from the negligence

Loss of Opportunity

• Missed investment opportunities
• Lost chance to pursue successful claims
• Foregone business opportunities

Interest and Inflation

Compensation includes interest on losses from the date they occurred until settlement, accounting for inflation and lost investment returns.

The Professional Negligence Claims Process

Step 1: Initial Consultation

Contact us for a free consultation. We'll review what happened, examine any documentation, and assess whether you have a valid claim for professional negligence.

Step 2: Gathering Evidence

We'll collect all relevant documentation, including:

• Engagement letters and contracts
• Correspondence with the professional
• Advice provided (written and oral)
• Financial records and statements
• Any reports or documents produced

Step 3: Expert Assessment

We'll instruct independent experts in the relevant field to review the professional's conduct and provide opinions on:

• Whether the professional breached their duty of care
• What the proper standard of care should have been
• How the breach caused your losses
• The quantum (amount) of damages

Step 4: Pre-Action Protocol

We'll send a formal letter of claim to the professional, outlining the negligence and your losses. The professional or their insurer will investigate and respond.

Step 5: Negotiation

We'll negotiate with the professional's insurers to reach a fair settlement, using expert evidence to support the value of your claim.

Step 6: Court Proceedings (if necessary)

If negotiations fail, we're prepared to issue court proceedings and represent you throughout the litigation process.

Challenges in Professional Negligence Claims

The "But For" Test

You must prove that "but for" the professional's negligence, you would not have suffered the loss. This requires showing what would have happened if proper advice had been given.

Contributory Negligence

Defendants may argue you contributed to your own losses by not following advice or providing incomplete information. This can reduce compensation.

Limitation Periods

Determining when the limitation period starts can be complex, particularly when losses aren't immediately apparent.

Proving Causation

Establishing that the professional's negligence directly caused your losses requires detailed evidence and expert testimony.

Quantifying Losses

Calculating exact financial losses, especially loss of opportunity claims, can be technically challenging.

Why Choose Gary Matthews Solicitors?

Specialist Expertise

We have extensive experience in professional negligence claims across multiple professions and understand the technical and legal complexities involved.

Access to Experts

We work with leading experts in every professional field to provide the evidence needed to prove negligence and quantify losses.

No Win, No Fee

Professional negligence claims can be expensive to pursue. We offer no-win, no-fee arrangements, meaning you only pay if successful.

Taking on Professional Bodies

Professionals and their insurers have significant resources. We have the expertise and resources to take them on and win.

Maximum Compensation

We fight to recover all your losses, including direct losses, consequential losses, and loss of opportunity.

Clear Communication

Professional negligence claims can be technical. We explain everything clearly and keep you informed throughout.

24/7 Availability

Contact us any time for advice on your professional negligence claim.

What to Do If You Suspect Professional Negligence

1. Document everything: Keep all correspondence, documents, and records related to the professional's services
2. Note the timeline: Record when advice was given and when problems became apparent
3. Calculate your losses: Document all financial losses resulting from the negligence
4. Consider making a complaint: Report to the professional's regulatory body (though this doesn't prevent a legal claim)
5. Don't delay: Time limits apply, and evidence can be lost over time
6. Seek legal advice: Contact us immediately for a free assessment of your case
7. Don't confront the professional prematurely: Let us handle communications to protect your legal position

Professional Regulatory Bodies

If you've experienced professional negligence, you can also complain to the relevant regulatory body:

• Solicitors: Law Society of Ireland
• Accountants: Chartered Accountants Ireland, ACCA Ireland
• Architects: Royal Institute of the Architects of Ireland (RIAI)
• Engineers: Engineers Ireland
• Surveyors: Society of Chartered Surveyors Ireland
• Financial Advisors: Central Bank of Ireland

Note: While regulatory complaints can result in disciplinary action, they don't provide financial compensation. You need to pursue a legal claim to recover your losses.

Frequently Asked Questions

How much does it cost to bring a professional negligence claim?

We operate on a no-win, no-fee basis for most professional negligence claims, meaning you only pay if we successfully recover compensation.

What if I only have verbal advice, not written?

While written evidence is stronger, you can still pursue a claim based on oral advice if you can prove what was said through contemporaneous notes, emails, or witness testimony.

Can I claim if the professional admits their mistake?

Yes. An admission of fault strengthens your claim, though you still need to prove your losses and that the negligence caused them.

What if the professional has ceased practicing?

Most professionals carry insurance that continues to cover claims even after they stop practicing. We can pursue claims against their insurers.

How long will my claim take?

Professional negligence claims typically take 12-24 months to resolve, though complex cases can take longer. We work efficiently to minimize delays.