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02 November 2016
Issue: 7721 / Categories: Legal News
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Claims against solicitors increase

Solicitors face a rising number of professional negligence claims, new statistics show.

Some 130 claims were filed against solicitors in the High Court this year compared to 98 last year, an increase of one-third, according to evidence gathered by law firm RPC. This confirms a trend—the number of professional negligence claims against solicitors and barristers in the high court has risen 170% since 2012.

Recently, the Solicitors Regulation Authority revealed that professional negligence claims have cost insurers of solicitors £2bn over the past decade. Conveyancing claims make up about half this total, but there are several factors for the rise, according to RPC. More complex family structures have increased the likelihood of a will being challenged post death, with the probate solicitor often blamed for claims that were difficult to foresee.

There are more law firms specialising in professional negligence claims, some of which advertise aggressively to attract clients. Soaring property prices mean there is often more money at stake therefore more incentive for people to sue. Finally, an increase in litigants in person means more claims go to court rather than being resolved through negotiation.

RPC partner, Joe Bryant said: “Advertising campaigns both by those specialist professional negligence law firms seeking to sue solicitors and organisations promoting access to the complaints system has meant that clients are more aware of how to make a claim than ever before, and therefore are more likely to pursue one if they feel their solicitor or barrister made an error during their case.”

Issue: 7721 / Categories: Legal News
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MOVERS & SHAKERS

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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