How Can Professional Negligence Affect Property Matters?
Mistakes made by professionals during property transactions or disputes can have serious financial and legal consequences, and may not be evident until long after their work has been completed. Sometimes these issues only come to light when revealed by a dispute caused by negligence.
Common examples include:
- A surveyor or valuer providing an inaccurate valuation, which leads to an overpayment or a lending decision based on incorrect information
- A solicitor failing to identify a restrictive covenant, easement or legal right affecting the property’s use or value
- A solicitor missing key deadlines or failing to protect a client’s position during a property dispute or transaction
- A professional adviser giving incorrect guidance on rights of access, resulting in complications when the property is sold or occupied
- Errors in the drafting or interpretation of key documents, such as commercial leases, agreements for sale or property transfers
- Failure to advise on title defects, boundary disputes or rights affecting neighbouring land
- Negligent handling of planning or development-related advice, leading to unexpected costs or project delays
If you suspect a professional’s advice or service has caused loss, it is important to seek legal advice early. JMW can assess the circumstances and advise whether you have a claim.
What Is the Process of Instructing JMW in Relation to Your Commercial Property?
Instructing JMW is a clear, user-friendly process designed to give you peace of mind and set clear expectations. The process of working with our legal team is as follows:
- Initial discussion: when you contact us, we will discuss your property and specific needs or issues.
- Assessment of your needs and development of strategy: we take time to understand the specific details of your business and the issues at hand, allowing us to develop a tailored strategy that supports your objectives and moves the dispute towards resolution.
- Costs and timescales: we will provide you with clear estimates of potential costs and timescales for work, so you can effectively plan for the future.
- Proactive file management: once instructed, we act swiftly and stay one step ahead, anticipating what you'll need at each stage.
Throughout this process, we maintain regular communication and provide clear, practical advice to guide any decisions you need to make.
What Is the Professional Negligence Claims Process?
Once underway, a property litigation professional negligence claim will, in most cases, follow these steps:
- Initial advice: once we fully understand the specifics of your situation, the JMW property litigation team will provide a comprehensive review of your matter, and advise you on the potential claims you may have and the appropriate next steps.
- Pre-action: we aim to resolve matters quickly and efficiently wherever possible, so that you can recover your losses without having to resort to court proceedings. We will focus on resolving your dispute cost-effectively, while making sure you receive the remedies you deserve.
- Alternative dispute resolution: we know that court proceedings can be a stressful and time-consuming process. We will advise you throughout your matter on how methods such as negotiation and arbitration can help to resolve your dispute, and will represent and support you through that process.
- Court proceedings: where alternative dispute resolution has not been able to resolve the situation, we have the skill and experience to represent you and pursue your claims through the Courts. We will give you clear and comprehensive advice on that process at all stages throughout the claim. Even as the court date approaches, we will still use this to encourage the other party to reach a suitable agreement.
- Agreement and settlement: where a resolution is reached informally or through the courts, we will ensure that all terms are properly recorded and enforceable. Whether the outcome is negotiated or ordered by the court, we make sure your position is protected and the settlement reflects your best interests.
- Enforcement: beyond making sure you achieve the best possible outcome, we also have significant experience in taking enforcement action to make sure the other party delivers the agreed or ordered remedies.
