Auctioneers normally have a duty of care to both seller and buyer, and although auctioneer negligence claims are a highly specialised area of law which require expert knowledge, in cases where there has been a breach of this duty of care and financial loss has arisen as a result, a professional negligence lawyer may be able to help secure appropriate financial redress.
Discretion
The world of auctioneering is a very elite one in which appearances are often key. As such, when embarking on an auctioneer negligence claim, discretion can be key.This may mean avoiding the publicity and inconvenience of the court system, where possible, and instead looking to build a positive relationship with the defendant's legal team.Doing this is frequently the best way of obtaining settlement in even the most high-value cases.However, in the most contentious and insoluble-seeming of cases it may be necessary to take robust action through the courts�- the reality in many cases is that when faced with the prospect of lengthy court action and the risk of reputational damage, many auction houses are quick to seek an alternative means of remedy.
Grounds for a claim
There are several instances in which there may be grounds for an auctioneer negligence claim, including the following:
- Misdescription of goods
- Over-valuation
- Failure to identify origins or authorship of a piece
- Physical damage to a piece
Healys LLP negligence lawyers
For specialist professional negligence lawyers who understand the issues related to negligence claims, contact Healys LLP today.We work with imagination and determination to bring innovative and creative legal solutions to the benefit of our clients. We can help secure substantial sums in compensation for our clients, often while keeping cases out of the courts.Talk to our Brighton and London teams, contact us by using our call-back form, email a partner or call directly on 020 7822 4106
FAQs
How Much Compensation For Solicitors' Negligence Could I Receive?
| Area of Injury | Level of Severity | Compensation Amount |
|---|
| Several Serious Injuries Plus Special Damages | Serious | Up to £250,000+ |
| Head | (c) Moderate (iii) | £43,060 to £90,720 |
| Hand | (e) Serious | £29,000 to £61,910 |
| Shoulder | (a) Severe | £19,200 to £48,030 |
6 more rowsMar 5, 2024
You must be able to show that the professional breached their duty of care owed to you. This could be by providing advice or a service that fell short of an acceptable standard. It must be proved that the breach of the duty of care by the professional caused your loss.
What happens if a solicitor makes a mistake? ›
Receiving bad service from your solicitor is not enough in itself to amount to professional negligence– you need to have suffered a financial loss. If your solicitor's mistake was bad client care rather than negligence, then the remedy for bad service is to complain, not to sue.
Are solicitors liable? ›
They have a duty of care, which means that they must provide a professional level of service and always act in the best interests of their clients and the courts. Make an online claim now. On rare occasions when things do go wrong, and your solicitor fails in their duty of care, you have a right to seek damages.
How do you calculate damages for negligence? ›
How to Calculate Damages. Calculating economic damages can be as easy as adding up all the expenses connected to the accident, such as income loss, medical bills, out-of-pocket costs, and others. Once you have a figure for economic damages, you can determine your non-economic losses, such as pain and anguish.
How do I claim damages for negligence? ›
For liability in negligence to be founded, four key ingredients must be present:
- duty of care.
- breach of that duty.
- damage (which is caused by the breach)
- foreseeability of such damage.
Some of the most common compensatory damages awarded in a personal injury claim are: Medical expenses (past, present, and future costs) Lost wages from missing work. Pain and suffering.
What are the 3 things one must prove in order to successfully sue for negligence? ›
Most civil lawsuits for injuries allege the wrongdoer was negligent. To win in a negligence lawsuit, the victim must establish 4 elements: (1) the wrongdoer owed a duty to the victim, (2) the wrongdoer breached the duty, (3) the breach caused the injury (4) the victim suffered damages.
What are the four 4 things that must be proved in order to claim negligence? ›
A negligence claim requires that the person bringing the claim (the plaintiff) establish four distinct elements: duty of care, breach, causation, and damages.
Can I get a refund from my solicitor? ›
Yes. You can claim for money paid to the solicitor that is now missing because of the solicitor's dishonesty.
Broadly, professional negligence occurs where a professional fails to perform their responsibilities to the required standard. A claim may be based on one or more of the following: Breach of a contractual term (express or implied). Breach of duty of care owed in the tort of negligence. Breach of fiduciary duty.
What is the most common example of negligence? ›
1. Car accidents. Car accidents are one of the most common examples of negligence.
Do solicitors have to be honest? ›
Perhaps first and foremost, a solicitor is expected to have the highest standards of honesty. He (or she) is an officer of the court, and those obligations to the client, to the court, to fellow members of the profession, and to the general public. …
Do solicitors owe a duty? ›
All solicitors owe a duty of care to their clients, and breaching this duty can lead to accountability.
What is a no win no fee malpractice? ›
No Win No Fee is a legal agreement associated with pursuing financial compensation for medical negligence and injury, regardless of your personal financial situation.
What is the remedy for professional negligence? ›
In the event that your claim for negligence is successful, it is possible that the defendant will be ordered to pay you compensation for the costs and fees you have incurred in instructing professional negligence solicitors to pursue the case on your behalf.
What is contributory negligence in professional negligence? ›
Contributory Negligence in Professional Negligence Claims, according to the law in England and Wales, could mean that the claimant failed to mitigate their loss. Or, it could mean that the claimant is partly at fault for the incident. For example, imagine a builder unknowingly damages a water pipe.
What are the heads of loss in professional negligence? ›
mental distress; pain and suffering; cost of reinstatement to the position things were before; diminution or reduction in value.
