Common Solicitor Negligence Claims
The "Lost Claim" Assessment — How Damages Are Calculated
Where a solicitor's negligence has caused a client to lose a legal claim (for example, by missing the limitation deadline), damages are assessed by valuing the lost claim — a "case within a case":
- The court assesses what would have happened if the original claim had been pursued properly: would it have succeeded? What damages would have been awarded?
- The claim is valued on a "loss of a chance" basis — the probability of success multiplied by the expected damages. A claim with 70% prospects of success and £100,000 potential damages produces a £70,000 claim against the negligent solicitor.
- The costs that would have been incurred in the original proceedings, and any contributory negligence by the client, are deducted.
- For missed conveyancing or transaction advice claims, the loss is the financial difference between what actually happened and what would have happened with competent advice — typically the diminution in value of a property or the cost of rectifying a title defect.
Frequently Asked Questions
Should I complain to the Legal Ombudsman or bring a civil claim?
These are separate processes with different outcomes. The Legal Ombudsman investigates service complaints and can order redress up to £400,000, but uses a consumer-friendly "fairness" standard rather than legal negligence. A civil negligence claim can recover the full financial loss caused by the negligence, without a cap, provided the Bolam standard of care is breached and causation is established. For significant financial losses, the civil claim route is typically more appropriate — though an Ombudsman complaint can run alongside the civil claim. A solicitor advises on the most appropriate route for your specific situation.
Is it awkward to claim against a solicitor?
Not for a specialist professional negligence solicitor — they handle solicitor negligence claims routinely and without any professional awkwardness. The SRA's Minimum Terms and Conditions of Professional Indemnity Insurance require every solicitor firm to maintain a minimum of £2 million of PI cover (unlimited for conveyancing claims in some circumstances). This means your claim is effectively made against an insurer, which handles and settles claims commercially. A specialist solicitor ensures you are not at a disadvantage against a sophisticated insurer defendant.
What if the solicitor's firm has closed down?
The SRA's Compensation Fund can provide limited redress where a solicitor has committed fraud or dishonesty and PI insurance is not available. However, for straightforward negligence claims, the SRA requires firms to maintain a "run-off" PI policy for 6 years after closing — so the insurer who covered the firm at the time of the negligence remains liable even after the firm closes. A specialist solicitor identifies the correct insurer through the SRA's register of insurance details and pursues the claim accordingly.
My will was drafted incorrectly and I am a disappointed beneficiary — can I claim?
Yes — the House of Lords in White v Jones [1995] established that a solicitor owes a duty of care not only to the client who gave the will instructions but also to the intended beneficiaries whose interests were harmed by the negligent drafting. Where a will fails to give effect to the testator's instructions — leaving a beneficiary less than they should have received or excluding them entirely — the disappointed beneficiary can claim against the negligent solicitor directly, even though they were not a party to the retainer.
What is the time limit for a solicitor negligence claim?
6 years from the breach of duty (contract) or 6 years from when the loss was suffered (tort) — whichever is later. Where the loss was not discoverable until later (for example, a conveyancing error that only becomes apparent when the property is sold), s.14A Limitation Act 1980 provides a 3-year period from the date of knowledge (the date you knew or reasonably ought to have known of the act or omission and that it caused the loss). The maximum period from the negligent act under s.14B is 15 years. A solicitor confirms the applicable limitation position at the outset.