Barrister Negligence Claims

Barristers and solicitors are fundamentally different. In short, both of them are qualified lawyers but they have different roles:

  • Barristers are specialists in advocacy at court, drafting legal pleadings and they can give expert legal opinion – and in general they are instructed on your behalf by your solicitor
  • Solicitors advise and assist clients directly on all aspects of access to justice – which include taking cases to court proceedings, as well as transactions such as conveyancing and business law

The difference is slowly becoming blurred. These days, some barristers are instructed directly by clients under the Direct Advice scheme – equally an increasing number of solicitors representing clients in court hearings.

When you engage the services of a barrister, you do so because you are relying on their expert knowledge. You put faith in their abilities and you trust them implicitly to represent you and help you when you’re at a time of great need. When that trust is broken, it can be truly devastating.

Can I Sue My Barrister?

Yes. Since 2000, it has been possible to bring about a negligence claim against a barrister, and barristers are now potentially liable if they provide negligent advice.

Prior to this, barristers had effective immunity from negligence claims, but this is no longer the case.

So, if you have suffered a financial loss following negligence at the hands of a barrister, we could help you claim the compensation you deserve.


Common Causes of Barrister Negligence

Barrister can be negligent for any number of reasons. The most common causes of negligence are:

  • The standard of advice provided by the barrister is below the standard which any reasonable person could hope to receive
  • Your barrister has made mistakes in drafting court documents
  • Your barrister fails to attend court hearings or comes to a court hearing without being fully prepared.
  • Your barrister has made errors in representing court or in mediation
  • Your barrister gives negligent advice with regards to offers and settlements or fails to consider all aspects of the financial loss you’ve experienced
  • Your barrister has failed to advise you as to deadlines in your case
  • Your barrister has simply failed to act on your instructions

It is reasonable to assume that legal professionals might be unwilling to bring about a negligence claim against a fellow industry professional, but our level of pride goes beyond that. We are proud enough to want to ensure that negligent barristers are not allowed to simply tarnish the name of all good legal professionals and we are keen to ensure you get the justice you are rightly entitled to.

Barrister Negligence – How We Can Help

  •  Initial assessment

Firstly, we will assess your case and its chances of success.

It may be that your barrister has not been negligent, but that your solicitors who instructed them were.

  • Proving negligence

We look at each case on an individual basis and judge it on its own merits to see whether or not we can help you claim compensation from the original barrister. However, even if it turns out that the negligence was down to the barrister, you will also need to be prove that;

  1. You have suffered a financial loss because of their actions AND
  2. That the advice they provided was below the standard which most people could assume to be ‘reasonably competent’ from a barrister.

The financial loss can be as simple as an accident compensation package which you were entitled to in an original court case which you lost due to the barrister mislaying a vital piece of evidence.

However, most claims against barristers are far more complex and will require careful consideration.

  • No win no fee representation

Even if it looks like you have a strong professional negligence claim against your barrister, the case may still not be straightforward. Firstly we will need to collect all the evidence in attempt to prove to your barrister’s insurers that they have been negligent.

Even if that negligence is established, there are then likely to be negotiations on the level of damages. Most insurers don’t rollover easily – and fighting for a fair level of compensation can prove expensive.

But there’s no need to worry – for appropriate professional negligence claims against barristers, we offer no win no fee agreements – which means you don’t need to worry about paying your legal costs.

Victim of barrister negligence? Want to claim compensation? Contact us now

If you feel you have suffered financial loss at the hands of a negligent barrister, call our team of specialist legal experts now for FREE no strings attached initial advice over the phone.

  • FREEPHONE 0800 1404544 or
  • Email our team using the contact form below

    Comments or questions are welcome.

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