Professional Negligence

Littleton’s members have for many years been frequently instructed by a wide range of clients in professional negligence matters. Those clients include financial institutions, surveyors, solicitors, barristers, insurance brokers, accountants, trades union and individuals in this area of law, in the High Court, the Court of Appeal and the Supreme Court. 

The claims include a full range of typical - and not so typical - professional negligence actions against all sorts of professionals, including solicitors, barristers, surveyors and accountants. They embrace breaches of fiduciary duty and breach of trust principles, solicitors’ negligence in mortgage lending cases, contributory negligence and deceit.

By way of particular examples, our instructions have comprised:

  • Advising solicitors in connection with a number of allegedly negligent conveyancing transactions;
  • Advising where allegedly negligent solicitors disagreed with the advice received from their insurers
  • Unusual cases involving solicitors’ liens
  • Claims for professional negligence, deceit and breach of fiduciary duty against a solicitor relating to a share sale agreement
  • Claims by an estate against an executor/accountant
  • Claims by a spread-betting company against solicitors in respect of the negligent drafting of an agreement
  • Liability of a receiver of a partnership
  • Acting for a claimant who sued a local auction house for mis-identification of a painting
  • Defending a surveyor sued by a disgruntled house purchaser following the discovery of asbestos in the roof cavity of her new house
  • Cases involving related complaints to the Financial Ombudsman
  • Professional negligence, insurance and insolvency issues arising out of the failure of Lehman Brothers.

Littleton’s team of commercially focused barristers are experienced in dealing with professional negligence disputes and are powerful advocates with a wealth of court-room experience. These have included:

  • A very large claim arising out of advice given by a firm of solicitors in a strike injunction case involving two bus companies
  • A claim against a barrister arising out of a long and complex discrimination claim
  • Cases concerning restrictive covenants
  • Defending a law firm following the dismissal of a whistleblowing claim by the employment tribunal
  • A claim for missing deadlines in lodging an EAT Appeal
  • A large claim against solicitors for not disclosing counsel’s full advice.

Our talented juniors stand out against their peers at other sets for their advocacy experience on complex claims and are at home in cases where the other side has instructed more senior counsel. This means that the team at Littleton can truly bring strength in depth.