Professional Negligence Lawyers
Professional negligence resolution for start-ups, scale-ups and the entrepreneurially spirited
Professionals that provide services are expected to do so with a required degree of skill and case. Sometimes, where work falls below a reasonable level of skill and care, and damage has resulted then recompense can be sought. This is when it’s time to seek expert advice from professional negligence solicitors.
We have experience in both pursuing damages and defending professionals in a broad range of sectors, including solicitors, surveyors, accountants, financial advisors, engineers, architects and many more.
We have experience in a wide range of matters including the following:
Legal Considerations
Professional negligence is primarily a tortious claim founded on a duty to take reasonable care, however there is often a contractual element also, even if via implied term or through operation of statute.
To have a viable claim for professional negligence you need to establish that a duty of care or fiduciary/statutory duty exists, which has been breached and that breach caused the claimant to suffer recoverable loss.
The question to consider is whether the loss was reasonably foreseeable and not too remote. This means the loss cannot have been caused by an intervening act of a third party, and was reasonably within the contemplation of the parties at the time of contracting, otherwise the chain of causation is broken.
In the event that a claim is issued, then the parties must comply with the Professional Negligence Pre-Action Protocol, which encourages early cooperation between parties and the exchange of information to attempt to resolve without recourse to court proceedings.
Find out how our professional negligence solicitors can help with disputes.
Other factors to Consider
Other factors to Consider
Company buyback of shares and subsequent cancellation. This can be a useful route provided 75% of the shareholders will consent as the Company meets the acquisition cost; however it must have sufficient surplus cash.
If a founder is looking to step aside then perhaps a reorganisation can assist with the variation of rights but retention of financial reward.
An anti-embarrassment clause can operate effectively in any settlement agreement, with the sale price for shares being uplifted if an event such as a sale of the business occurs or funding is received subsequent to exit.
A key to the resolution of a dispute is often an independent valuation of the relevant shareholding. To secure this the parties will need to determine the basis of the valuation.
News, Insights & Resources
During the recent session from our ‘General Counsel Know How’ series, senior corporate disputes lawyer Simon Engelsman led an interesting discussion on the various ways in which directors of limited companies can be found personally liable for actions carried out on behalf of those companies.
We are delighted to welcome Fabienne d’Adhemar to the team. Fabienne is a disputes lawyer and has advised clients in relation to: breach of contract claims, shareholder disputes, multi jurisdiction investigations, injunctive relief and enforcing foreign judgments.
Shareholder disputes can have a big impact on any business especially a start-up. If managed early and decisive steps taken, shareholder disputes can be resolved with minimal impact on the business.
meet the Team
Our team are among the best in the legal marketplace: flexible thinkers, tech-assisted problem solvers and a core of commercial partners whose passion and focus add immense value.
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