Professional Negligence & Regulatory
Collyer Bristow's Professional Liability and Regulatory Team has extensive experience of
resolving disputes about the quality of professional advice and services. With a deep understanding
of this complex area of law and long-standing relationships with expert witnesses in numerous
disciplines, we can advise you quickly and with confidence on the strength of your case, whether
you are a concerned that you have received poor advice or you are a professional faced with a claim
by a client or action by your regulatory body. We also advise professionals on the scope of
professional indemnity insurance policies and any disputes that arise about insurance cover.
Examples of recent cases:
Claims against solicitors
We have acted in two cases involving the purchase of high value residential property where it
was discovered on the same day as completion that there was no planning consent for substantial
works. Enforcement notices were served on the day of completion and it emerged that the solicitors
had not undertaken the correct searches. We advised the clients regarding the claims against
solicitors and on what steps were required to appeal the enforcement notices.
Tax planning
We have acted for clients in an international dispute involving parties in the Dutch Antilles
and in The Netherlands regarding a claim against accountants and solicitors for their failure to
advise that the making of a Will involves a requirement to consider the tax consequences of the way
in which Wills are constructed.
Accountants
We acted in a claim against accountants regarding a nursing home where the accountants advised
their clients that they would pay less tax if the business was incorporated. The point that they
missed was that it is not possible to detach goodwill from the building as goodwill adheres to the
building and not the business itself.
Architects and Engineers
We acted for the home owner of a high value residential property in a claim against an architect
who failed to notice that the builders had not tanked the basement of the property. The basement
was therefore regularly flooded. We negotiated a settlement with the architect's insurers and our
client was able to pay for the remedial works to correct the problem.
Claims against Banks and Finance Professionals
We advised in a claim against an international investment bank that risky investments had been
made without the client's authority. We have advised stockbrokers accused of mis-selling and other
breaches of FSA Regulations and represented them in a consequent FSA investigation.
Complaints against healthcare professionals
We advise healthcare providers in relation to allegations of professional misconduct reported to
their governing bodies by patients or members of the public. On one occasion we acted for an
individual who was found guilty of unacceptable professional conduct at a hearing before the
General Chiropractic Council ("GCC") but we successfully mitigated the individual's position to
ensure that she received an admonishment and that no further action was taken against her so she
was free to continue practising.
On another occasion, we acted for an individual in respect of an allegation made to the GCC that
he set up a competing practice in a small town after an acrimonious split from his former partner.
The GCC submitted purporting to show that monies due to the old practice had been withheld for a
number of years and in some cases had been paid directly to the new practice. After careful
analysis of this evidence we were able to successfully demonstrate that it was unreliable and as a
result the GCC abandoned all allegations against our client on the morning of the first day of the
hearing.
Regulatory
Professional Negligence