Oratto's member solicitors can provide you with the advice and representation to benefit your case in the event that you believe you may have legitimate grounds for a professional negligence claim against a barrister. To find the specialist who is best suited to your case, browse through our member profiles today.
Barristers, not immune from claims for negligence
Up until a House of Lords ruling in the year 2000 there was a serious anomaly in professional negligence law: in England and Wales barristers were immune from ever having to pay professional negligence compensation.
However, as a result of this ruling barristers are now subject to the same responsibilities as other professionals in the UK. As Lord Hoffman stated at the time:
"The fact is that the advocate, like other professional men, undertakes a duty to his client to conduct his case, subject to the rules and ethics of his profession, with proper skill and care."
During court action a barrister acts as a court or tribunal advocate, they may be asked to provide advice on the merits of a party's case and to draft court papers to set out the case that a party wishes to bring or defend. Barrister negligence may arise if the barrister makes a mistake, or fails to take into consideration something which later affects the case, when undertaking such a task."
As a consequence there are many situations which may give rise to the client of a barrister having credible grounds for claiming compensation for professional negligence. Some of the most common examples of such situations include the following:
- Negligently incorrect legal opinion
- Negligent advocacy at the point of trial
- Failure to provide suitable advice on the merits of a claim
- Inadequate or incorrect drafting of documentation
Furthermore, in order to proceed with a successful barrister professional negligence claim, the following must be demonstrated:
- That the barrister owed a duty of care
- The the barrister provided a level of service below that which could be considered "reasonably competent"
- That the barrister's negligence caused direct financial loss
Information for your Oratto member solicitor
It will be of benefit to your claim for compensation if you are able to give your Oratto member solicitor the following information from the outset:
- The name and address of your barrister
- The date on which your barrister received your instruction
- The details of the instruction received by your barrister
- The alleged act of negligence/breach of duty
- The exact or approximate value of your consequent financial loss
Barrister negligence solicitors with Oratto
Oratto's member lawyers can help you ensure the best possible advice and representation in the event you decide to pursue a professional negligence claim against a barrister. With the experience and disposition that is best suited to you and your case, our member solicitors can help assess all the important details, ensuring the strongest possible argument for compensation.
Call us today or click through to the lawyer profiles on the right-hand-side of this page to find the legal professional you wish to make contact with.
We understand that everyone's circumstances are different, so let us help you choose the Oratto member lawyer who is right for you by using our Oratto Match facility.