Causation In Professional Negligence Claims

Causation In Professional Negligence Claims Solicitors and Insurance Litigation experts in London and Amersham.

Causation In Professional Negligence Claims

In order to succeed in any professional negligence case, you must demonstrate that:

1. The Defendant owed you a duty of care;
2. There was a breach of that duty; and
3. The breach of that duty caused you loss (this is often referred to as “causation”)

For immediate assistance, please call us now on 020 3795 6043 or complete a Free Online Enquiry and we will be delighted to help you.

Causation

One of the key and most tricky elements in recovering damages in professional negligence cases is demonstrating that the negligence by the solicitor or barrister was directly responsible for your loss.

It is not enough to just prove the professional was negligent. You must also prove that it is their failings that caused you loss.

This is referred to as “causation”.

It is not always an easy task to prove causation and the issue of causation and loss in professional negligence cases often gives rise to legal and practical difficulties and much argument and debate between the parties.

Such cases involve the courts having to assess what, if anything, would have happened if the solicitor or barrister was not negligent.

That is not always an easy task.

The “But for” test

The so-called “but for” test is the preliminary stage in the issue of causation.

The test involves comparing your actual position with your “what-if” position if the negligence had never occurred.

In other words, what would have happened if the negligence had never occurred and the solicitor or barrister had acted properly (non-negligently) at the time.

If the loss would have occurred in any event, then even if there was indeed a breach, the breach could not be said to have actually caused the loss.

In such circumstances, you might succeed in proving that the defendant was negligent, but that may not mean a lot since to be awarded compensation and damages you must also prove that the actual negligence that you allege in fact caused your loss.

Matters become far more complex where there may be many acts of negligence, or several different breaches.

In other words, where there are two or more possible causes of your loss.

That requires a sophisticated and detailed analysis of the case.

This area of law is complex and very fact specific.

Professional legal advice should always be sought as soon as possible.

About Ventura Law

Ventura Law was founded by Himanshu Batra, who has been in the profession for over 25 years and is an experienced and highly skilled commercial lawyer, litigator and employment law adviser. Himanshu specialises in dispute resolution in these areas as well as in professional negligence cases and property co-ownership disputes.

He is analytical, and methodical and always strives to ensure the best outcome is achieved for his clients.

Himanshu regularly represents directors, as well as shareholders and business owners in the range of legal matters that can arise. He is particularly experienced in employment disputes, and issues between partners, shareholders and directors.

Himanshu is also regularly instructed by other lawyers, accountants, doctors, dentists, surveyors, etc in their legal matters.

Make An Enquiry

For immediate assistance, please call us now on 020 3795 6043 or complete a Free Online Enquiry and we will be delighted to help you.

“Himanshu was extremely professional, knowledgeable and very supportive whilst advising me.

He was excellent at listening and grasped immediately what the key points of the case were. His negotiation skills are superb and the positive result of my case is evidence of this.

I can’t recommend him highly enough.”

Kathryn Tackley

 

This article is for information only and does not constitute legal advice.

Please consult one of our qualified lawyers for advice tailored to your specific position.