JMW Property Litigation Partner Peter Barnard and Associate Solicitor Tom Baylis successfully negotiated a settlement of over £500,000 for a client in a professional negligence claim against a firm of solicitors. 

The claim itself was a complex. The negligent solicitors had failed to conduct appropriate searches prior to the acquisition of a property.  The property in question was sufficiently close to a watercourse to require such specialist searches to be undertaken.

As a result of the failure to carry out the search needed to identify the ownership of the watercourse, the solicitors had failed to advise our client of the existence of riparian obligations. Riparian obligations affect landowners whose land or property adjoins a natural watercourse and there are associated responsibilities such as letting water flow naturally, managing flood risks, maintaining the condition of the watercourse and keeping the water free from pollution.

In our client’s case, a culvert on our client’s land collapsed shortly after their purchase of the property completed leaving the client exposed to a significant repair bill and associated costs.

How JMW helped?

JMW carefully assessed the strengths of our client’s position and subsequently the parties engaged in mediation. Our skilled property litigation solicitors at JMW were able to carefully negotiate a settlement from the insurers for the negligent solicitors in excess of £500,000 which our client was delighted with.

The outcome

Peter Barnard commented “this was an unfortunate case, when the purchasers originally acquired the property, the solicitors failed to conduct the correct waterways search. The culverted watercourse within the title to the property collapsed leaving our client exposed to significant costs in terms of repair works and potential third party claims. There were a number of complex technicalities which meant that it was not easy to assess damages accurately. I’m very pleased that following a mediation, our client received more than half a million pounds in damages which was well in excess of the sum paid for the property when it was purchased.”