Expert Witness Journal Issue 63 October 2025 - Flipbook - Page 70
1.
2.
3.
You should collate the relevant documentation
relating to the instruction. Key documents include
engagement letters or any letters con昀椀rming the
nature of the instruction and the advice/services
the professional agreed to provide, any documents
in which you/your client is providing instructions
and any letters or emails of advice (including any
attendance notes of conversations). Collating key
documents and reviewing the underlying 昀椀le is a
crucial 昀椀rst step.
Check the time period as a priority. Did the issue or
potential negligence arise more than 6 years ago?
If so, you may be potentially be out of time to bring
a claim. The applicable limitation period in most
professional negligence cases is six years from the
date of the negligence. However, this may be extended
where the negligence only becomes apparent at a
later stage. In those cases, the relevant limitation
period is three years from the date of knowledge of
the facts which might give rise to a claim. There is a
long stop date of 昀椀fteen years within which claims
must be brought.
have seen on a 昀椀le then very likely are good grounds
for asserting negligence.
4.
Consider also whether you or your client has
mitigated their loss. For example, could they easily
take steps to minimise or extinguish their potential
losses (or prevent their losses from increasing, i.e.
by selling a property). If so, then they should act to
mitigate their losses. If a potential claimant fails
to do so, it may be unable to recover damages for
losses which could have been avoided by taking such
reasonable steps.
5.
Has the claimant/your client contributed to the
losses su昀昀ered? If the professional is able to show
contributory negligence, the losses claimed may be
reduced having regard to the claimant’s share of the
responsibility. For example, if a solicitor was accused
of negligence but the client failed to inform them of
key information, this could give rise to a defence of
contributory negligence.
6.
Carefully consider what the potential losses may
be and collate relevant and detailed information to
ascertain what the potential loss may be. As noted
above this is not always straightforward but it is very
useful at the outset of every claim for a solicitor to
have a general idea of what a claim is considered to
be worth. This also feeds into proportionality and
commerciality and whether it is worth the time and
investment in pursuing the claim.
Be aware that not all mistakes are capable of
amounting to negligence. However, if you are an
advisor to a client (such as a solicitor) it will often
be within your experience, using the test referred
to above of the standard of a reasonably competent
professional to gauge whether potential negligence
has arisen. If the advice is such that no competent
professional would have advised in the manner you
COMPLYPORT
Expert witness & investigations
Financial Services
Regulation and Compliance
How Can Complyport Help?
Complyport has experience in a wide range of 昀椀nancial
services sectors providing investigation and veri昀椀cation
services, expert input and skilled person resource including:
Expert Witness Reports
We also assist 昀椀rms and their legal advisors with;
■
Financial Planning
■
Suitability of Advice Investigations
■
Investment Advice
■
Skilled Person Investigations and Reports
■
Pension Transfer Advice
■
Investigations under Legal Professional Privilege
■
Pension Schemes and Advice
■
FCA Visit and Interview Preparation
■
Compliance and Risk Controls
■
Conduct of Business Investigations
■
Senior Management Controls
■
Financial Crime Investigations
■
Client Money and Assets Investigations
E: info@complyport.co.uk | T: 020 7399 4980
60 Cannon Street, London EC4N 6NP
www.complyport.com
EXPERT WITNESS JOURNAL
68
OCTOBER/NOVEMBER 2025
