Many properties have restrictive covenants included in their title. These restrict what can be done at the property. If a restrictive covenant is breached, then it is open to the person with the benefit of the covenant to bring enforcement action.
Any claim involving a professional who has let you down is understandably fraught with concern. All professionals try to ensure a high standard of service but, like all people, they can get it wrong!
Whether it's a lawyer who has failed to advise you fully on a house purchase, failed to advise you in matrimonial proceedings or perhaps in a personal injury claim, we can help. It may be the case that your architect has failed to draw up the plans correctly or your surveyor who missed the damp in your new home.
At BakerLaw, the team is headed up by a specialist member of the Professional Negligence Lawyers Association who has a proven track record in claims of all types and for various amounts. The team has experience of dealing with claims against solicitors, barristers, architects, surveyors and accountants, from smaller value claims to those involving thousands of pounds.
We have taken matters successfully to trial (and to the Court of Appeal) and have ensured justice is achieved for many clients.
We know that we cannot undo the damage of the previous professional and are alive to the reassurance that our clients need in these cases.
We handle matters with sensitivity and carefully explain the options open to you so that you remain in control of your case. We will give transparent advice on costs, offering fixed fees so that you know where you stand at any time. Of course it is our aim to recover the costs from your opponent as part of the case so that you do not pay for our services.
What steps should I take initially?
Try to resolve matters by following the complaints procedure and liaise with any professional body, for example the Legal Ombudsman for lawyers, RICS for surveyors etc. If you are not happy with the response, seek legal advice. Do not feel bullied or intimidated by the Goliath figure!
Why should I use a lawyer?
Claims for professional negligence are complex with strict protocols to follow. Furthermore, it is a sad fact that most professionals have the weight of large insurers and large firms of Solicitors behind them. It is imperative that legal advice is taken when dealing with any claim against a professional to ensure that you recover what you seek.
How do I know if the service was negligent?
Professionals must work to the standard expected of a reasonable person judged by their profession. Therefore, if another lawyer would never have failed to advise on an issue, or would have suggested an alternative solution which means you have not achieved the right result, then they could be negligent.
Isn't it all too expensive?
No. We can arrange a variety of funding options including, where possible, a no win no fee agreement so that you have the opportunity to bring the claim and ensure justice is done.