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Overview

Our professional negligence team provides specialist advice to financial institutions and lender clients who have suffered losses because of poor advice from professionals acting for them in a wide variety of lending transactions.

Working closely with our specialist banking and insolvency and dispute resolution teams, we provide commercial and strategic advice on all options that might be available to recover our clients’ losses and/or protect their security position.

Our Tier 1 ranked professional negligence , dispute resolution , and banking teams bring unrivalled insight and expertise into the financial services sector.

What professional negligence claims might lenders bring?

Professional negligence occurs when a professional fails to meet the reasonable standard of care expected, resulting in financial loss. For lenders, this often arises in:

Claims against solicitors

  • Defective security documentation – errors in drafting or advice that undermine the enforceability of lending security.
  • Negligent investigation and reporting on title – failures to identify defects in title, or planning restrictions, affecting the proposed security property.

Claims against valuers

  • Negligent property valuations – where inflated or careless valuations leave lenders overexposed.

Claims against other professionals

  • Negligent advice from accountants in relation to the financial position of a proposed borrower, and insurance brokers for negligent advice in relation to a commercial indemnity policy.
  • Negligent advice from monitoring surveyors concerning development projects.

These claims are often complex, requiring sector-specific expertise to determine liability, causation, and recoverable loss.

Free initial consultation

If you believe negligent advice has exposed your institution to financial loss or weakened your security, early legal advice is critical. Our professional negligence specialists will assess your position swiftly, advise on limitation risks, and develop a clear strategy to maximise recovery.

Why choose us?

Selecting the right legal team is crucial when pursuing claims against professionals. Clients choose us because:

Key contact

Kevin O’Brien

Partner

Kevin is a partner in our Dispute Resolution, he has more than 20 years’ experience acting on behalf of banking and lender clients, businesses and individuals, in a wide range of complex and high-value professional negligence and liability claims.

Ranked as a leading individual in the field of professional negligence by industry bible the Legal 500, Kevin’s thorough, knowledgeable, and commercially sensible approach is singled out in the latest Chamber and Partners directory. He is also an accredited mediator, with 17 years’ experience mediating a range of civil and commercial disputes.

Your questions answered

You must show that the professional owed you a duty of care, that they breached that duty, and that you suffered a loss as a result. We’ll help you gather the right evidence to prove your case.

There are time limits that apply to bringing a claim in professional negligence. Generally, if you wish to pursue a professional negligence claim it must be brought within six years from the date of the breach of contract (in a claim for breach of contract), or within six years from the date when the damage is suffered (in a negligence claim). However, these time limits can vary depending on various factors such as but not limited to, when a claimant ought to have become aware of the negligence.

The rules relating to limitation can be complex and full of pitfalls. Bringing your claim within the relevant “limitation” period is the essential first step to bringing a successful claim. It is therefore important to seek legal advice as early as possible to ensure that you are able to bring a claim.

Many claims are resolved through negotiation or mediation under the Pre-Action Protocol. Court is only needed if settlement isn’t possible, but most cases settle before trial.

If you’re unsure if you have a claim, we can review your documents, explain if negligence occurred, and advise on your options.

We will advise you on appropriate funding options that may be available,  depending on the specific circumstances of your case.

Next steps

We’re here to get things moving. Drop a message to one of our experts and we’ll get straight back to you.

Call us: 033 3016 2222

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