LONDON, ENGLAND, December 06, 2012 /24-7PressRelease/ -- Allegations of negligence against property professionals are more common during a recession than at any other time, and many claims will still be the subject of debate and litigation years after the economy is back on its feet. Most professionals are insured and therefore they are not too closely involved in the claims made against them. Instead an army of experienced insurers and solicitors will step in to defend them at no cost to the professional. The claimant on the other hand is not in such a fortunate position. He is likely to have two concerns: first to find an experienced professional negligence solicitor; and secondly how to fund, or pay, the solicitor.
Currently a claimant may be able to fund a claim by entering into a no-win-no-fee agreement with his solicitor, which means that if the claim is successful the solicitor will be entitled to his normal fee plus a success fee. The claimant may also be able to obtain insurance against the risk of losing and having to pay his opponent's costs. At present, if the claim is successful, the claimant will be able to claim both the success fee and the insurance premium from his opponent. As a result of a change in the law he will not be able to do this from April 2013. He'll still be able to make the same arrangements with his solicitors and insurers but he won't be able to recover any success fee or premium from his opponent.
Dewar Hogan is the only UK law firm dedicated to resolving property disputes including professional negligence claims against solicitors, valuers and other property professionals. The firm warns potential claimants who may need to enter into no-win-no-fee agreements and/or obtain insurance to consult solicitors as soon as possible; otherwise they may not be able to pursue their claims. This is particularly true in the case of relatively low value claims with only reasonable prospects of success. If a case like this commenced after April 2013 and was successful most of the damages would go to pay the irrecoverable success fee and/or premium.
Dewar Hogan are professional negligence solicitors. They advise and represent clients in relation to solicitors' negligence, valuers' negligence and the negligence of other property professionals. This includes advice on the prospects of success, representation in negotiations, and in court proceedings.
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