• Accident & Medical Claims
    • Accident Claims
    • Road Traffic Accidents
    • Medical Negligence
    • Asbestos Claims
    • Serious Injuries
    • Funding Your Claim
  • Divorce & Children
    • Divorce & Separation
    • Children Law
    • Prenuptial & Postnuptial Agreements
    • Living Together
    • Domestic Violence
    • Same Sex Families
  • Wealth Management
    • Pensions
    • Financial Advice
    • Tax
    • Life Insurance
    • Residential Care Home Planning
    • Trusts
  • Wills & Inheritance
    • Wills
    • Dealing with a Death
    • Inheritance Disputes
    • Powers of Attorney
    • Court of Protection
    • Notary Services
  • Business Services
    • Business Disputes
    • Business Agreements & Contracts
    • Debt Recovery
    • Corporate Services
    • Insolvency Advice
    • Intellectual Property
  • Employment & HR
    • Employer Legal Advice – Managing Your Workforce
    • Employee Rights
  • Property Services
    • House Sales & Purchases
    • Commercial Property
    • Property Disputes
    • Landlord & Tenant
    • Planning Law
    • Construction & Engineering
  • Sectors
    • Education Law
    • Academy Conversion Services
    • Services for Academies
    • Education Training
    • Charities
  • About Us
    • Our People
    • Find Us
    • About
    • Careers at Nelsons
    • News
    • Events
    • Blogs
    • Fusion Legal
  • Pay Online
  • Our People
  • Find Us
  • About
  • Careers at Nelsons
  • News
  • Events
  • Blogs
  • Fusion Legal
  • Pay Online
logo
0800 024 1976 Email us
logo
For advice and support 0800 024 1976
Email us
  • Accident & Medical Claims

    Accident Claims icon arrow

    Compensation for your injuries

    Asbestos Claims icon arrow

    Asbestos exposure and related diseases

    Road Traffic Accidents icon arrow

    Car, bike, bus and lorry accidents

    Medical Negligence icon arrow

    Advice when you need it most

    Abuse Claims icon arrow

    Abuse compensation claims

    Serious Injuries icon arrow

    Head, brain and spinal injury claims

  • Divorce & Children

    Divorce & Separation icon arrow

    Resolving your relationship issues

    Children Law icon arrow

    Child arrangements and adoption

    Prenuptial & Postnuptial Agreements icon arrow

    Drafting and reviewing marital agreements

    Family Mediation icon arrow

    Resolving separation disputes

    Living Together icon arrow

    Legal protection for living together

    Domestic Violence icon arrow

    Protecting you from abuse

  • Wills & Inheritance

    Wills icon arrow

    Making or changing a Will

    Dealing with a Death icon arrow

    Probate and inheritance services

    Inheritance Disputes icon arrow

    Challenging or disputing a Will

    Powers of Attorney icon arrow

    Managing your financial and legal affairs

    Court of Protection icon arrow

    Making decisions for your loved ones

    Notary Services icon arrow

    Witnessing your documents

  • Wealth Management

    Independent Financial Advisers icon arrow

    Investment management planning and strategies

    Pensions icon arrow

    Corporate and personal pension planning

    Cash Flow Modelling icon arrow

    Strategies to calculate your future income

    Tax icon arrow

    Personal tax planning

    Residential Care Home Planning icon arrow

    Planning ahead for your future

    Trusts icon arrow

    Creation and administration

  • Business Services

    Business Disputes icon arrow

    Resolving commercial and business conflicts

    Business Agreements & Contracts icon arrow

    Commercial agreements for your business

    Debt Recovery icon arrow

    Collecting money owed to your business

    Corporate Services icon arrow

    Company law, banking and finance

    Professional Negligence icon arrow

    Compensation for negligent advice

    Restructuring & Insolvency icon arrow

    Corporate and personal, bankruptcy and liquidations

    Intellectual Property icon arrow

    Agreements, trade marks and disputes

  • Employment & HR

    Managing Your Workforce icon arrow

    Managing and supporting your workforce

    Employee Rights icon arrow

    Your rights in the workplace

  • Property Services

    House Sales & Purchases icon arrow

    Get an instant online quote

    Commercial Property icon arrow

    Real estate acquisitions, leases and disposals

    Property Disputes icon arrow

    Resolving property and land issues

    Landlord & Tenant icon arrow

    Services for landlords and commercial tenants

    Planning Law icon arrow

    Planning applications and appeals

  • Sectors

    Construction & Engineering icon arrow

    Contracts and alternative dispute resolution

    Education Law icon arrow

    Legal services to the Education sector

    Charities icon arrow

    Legal support for charities

    Dentists & Dental Practices icon arrow

    Specialist advice for dentists and dental practices

    Manufacturing icon arrow

    Specialist legal support and advice for manufacturers

    Family Businesses icon arrow

    Specialist advice for your family business

What are the steps in making a compensation claim against my solicitor?

If we are able to confirm merits then the next step is to follow the Pre-Action Protocol for Professional Negligence (“the Protocol”). The objective of the Protocol is to assist the parties to achieve an early settlement of the claim, if that is at all possible, without the need for court proceedings. If court proceedings […]

  • Home
  • Professional Negligence
  • Your Guide To Claiming Against Solicitor Negligence
  • What are the steps in making a compensation claim against my solicitor?

If we are able to confirm merits then the next step is to follow the Pre-Action Protocol for Professional Negligence (“the Protocol”).

The objective of the Protocol is to assist the parties to achieve an early settlement of the claim, if that is at all possible, without the need for court proceedings. If court proceedings are started without the parties following the Protocol, the court can decide to impose sanctions.

The Protocol aims to ensure that all of the issues between the parties are properly identified within correspondence and that there is an early exchange of evidence; meaning that if cases cannot be settled they run more smoothly within the court system or alternative dispute resolution procedures, such as mediation.

Letter of Claim

Once the claimant’s investigations are complete and it is possible to set out comprehensive details of their claim, a Letter of Claim should be prepared.

The Letter of Claim should normally be an open letter and should set out a clear chronological summary (including key dates) of the facts on which the claim is based. Key documents should be identified, copied and enclosed with the letter. It should set out the allegations against the solicitor. What has been done wrong or not been done? What should the professional have done acting correctly?

There should also be a calculation of the estimated financial loss suffered by the claimant. Again, supporting documents should be identified, copied and enclosed with the letter. If details of the financial loss cannot be supplied, the claimant should explain why and should state when they will be in a position to provide the details. This information should be sent to the solicitor as soon as reasonably possible. If the claimant is seeking some form of non-financial redress, this should also be made clear.

Confirmation should be given as to whether or not an expert has been appointed and their details should be provided.

Finally, the claimant should also request that a copy of the Letter of Claim be forwarded immediately to the solicitor’s insurers, if any.

Letter of Acknowledgement

The solicitor or its representatives should acknowledge receipt of the Letter of Claim within 21 days of receipt.

Letter of Response

The solicitor then has three months from the date of the Letter of Acknowledgment to investigate and respond to the Letter of Claim by the provision of a Letter of Response and/or a Letter of Settlement.

If the solicitor cannot respond within this timescale, it should contact the claimant to explain the cause of the difficulty and confirm when it expects to conclude its investigations. The claimant should agree to any reasonable requests for an extension.

The Letter of Response should be an open letter and should be a reasoned answer to the claimant’s allegations. In simple terms, if the claim is admitted the solicitor should say so in clear terms. If the claim is denied in whole or in part, the Letter of Response should include specific comments on the allegations against the solicitor and, if the claimant’s version of events is disputed, the solicitor should provide their version of events.

Furthermore, if the solicitor disputes the calculation of the claimant’s financial loss, the Letter of Response should set out the solicitor’s own assessment. If an assessment cannot be provided, the Solicitor should explain why and when they will be in a position to provide an assessment.

The Letter of Response is not intended to have the same status as a Defence which is served during court proceedings. However, if the Letter of Response differs materially from the Defence, the court may decide, in its discretion, to impose cost sanctions on the solicitor.

At the same time as providing a Letter of Response (or sometimes instead) the solicitor can provide a Letter of Settlement, which may be on an open or without prejudice basis, making settlement proposals.

Further correspondence

If the Letter of Response constitutes a complete denial of the claim and there is no Letter of Settlement then the claimant can issue court proceedings. Our specialist professional negligence solicitors will be able to guide and assist you through this process should this be necessary.

In any other circumstances, or if it appears that progress can be made within correspondence; either in order to narrow the issues in dispute or to achieve settlement, then the parties should commence negotiations with the aim of concluding them within 6 months of the date that the Letter of Acknowledgement was (or should have been) provided.

If you would like to read the Protocol in full, you can find it here.

Request a document we are storing for you

Email us

Join our mailing list to keep up to date with our latest news and events

Sign up
Nelsons logo
Nelsons Derby

Sterne House
Lodge Lane
Derby
Derbyshire
DE1 3WD

01332 372 372
Nelsons Leicester

Provincial House
37 New Walk
Leicester
Leicestershire
LE1 6TU

0116 222 6666
Nelsons Nottingham

Pennine House
8 Stanford Street
Nottingham
Nottinghamshire
NG1 7BQ

0115 958 6262
  • Our People
  • Our Offices
  • About Us
  • Careers at Nelsons
  • News
  • Events
  • Blogs
  • Fusion Legal
  • Terms of Use
  • Privacy Notice
  • GDPR FAQs
  • Client Records Retention Schedule
  • Cookie Policy
  • Complaints
  • Accessibility
  • Sitemap
  • Website by Hallam
  • Design by M&D
  • Lexcel logo
Cyber Essentials logo

Nelsons Solicitors Limited is a limited company registered in England and Wales (Reg No: 07219010) and a wholly owned subsidiary of Nelsonslaw LLP, a limited liability partnership registered in England and Wales (Reg No: OC335458).  Their registered offices are at Pennine House, 8 Stanford Street, Nottingham, NG1 7BQ. A list of members of Nelsonslaw LLP may be inspected at the registered office. Nelsons Solicitors Limited and Nelsonslaw LLP are authorised and regulated by the Solicitors Regulation Authority. Nelsons Solicitors Limited is authorised and regulated by the Financial Conduct Authority. Our notaries are regulated by the Faculty Office. Nelsons Solicitors Limited’s VAT No is 385 184 329.

 

We use the word “partner” to refer to a member of Nelsonslaw LLP and/or a director of Nelsons Solicitors Limited and its use in connection with the business of Nelsons Solicitors Limited should not be construed as an indication that any member or director carries on business in partnership with any other member or director within the meaning of the Partnership Act 1890.

We use cookies to improve your experience of our site (we do not track your identity). To comply with the new e-Privacy Directive we need to seek your consent to set these cookies. If you do not make a selection, we will assume that you consent to the cookies being set. Find out more. Accept
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT