Professional Negligence Claims part 4 – Court Proceedings
In the fourth part of the series we give an overview of the court proceedings stage.
If the parties fail to solve the dispute by following the Professional Negligence Pre-Action Protocol, then the claimant will need to decide whether or not to issue court proceedings.
Claimants should bear in mind that they are likely to be ordered to pay the defendant professional’s legal costs if the claim is unsuccessful. It may be possible to obtain ‘after the event’ insurance to protect against this risk and a claimant should discuss this with his or her legal advisers.
The rules and procedures (The Civil Procedure Rules) are complex and it is certainly advisable for claimants to have legal representation.