Over the years we have acquired experience in resolving claims
made against a number of professionals including:
Surveyors
We act for surveyors in all their guises and in the defence of a
wide range of claims - from the domestic to the commercial, from
rural factoring to statutory searches. We make best use of the
voluntary pre-action protocol on professional negligence for low
value cases and, at the other end of the spectrum, are well-versed
in mediation. We represent surveyors at all stages of
procedure before the Ombudsman Services: up to and including
judicial review, if necessary. Graeme Watson is a
standing advisor to the Royal Institution of Chartered Surveyors in
Scotland.
Our recent cases include Santander UK PLC v Allied Surveyors Scotland PLC
[2011] CSOH 13 in which we were instructed by Royal
& Sun Alliance to act for surveyors who were sued for
negligently over-valuing the leasehold reversion of commercial
premises. After detailed investigation into the pursuers' lending
practices, we were able to establish that their loss had been
sustained more than five years before raising the action.
Accordingly, the judge accepted our position that the claim was
time-barred.
In Lesley Bothwell -v- Messrs D M Hall and Others
[2009] CSOH 24 we acted for DM Hall after the pursuer
alleged there had been a negligent valuation of a nursery for the
purposes of re-development. It was suggested that the
defenders failed to exercise the degree of skill and care to be
expected of an ordinarily competent chartered surveyor. The
pursuer accepted that she had to prove that the chartered surveyor
who is said to be negligent had been guilty of such failure as no
chartered surveyor of ordinary skill would have been guilty of if
acting with ordinary care. There was some convergence between
the experts giving evidence as to what best practice was, but the
judge was satisfied that the surveyor exercised appropriate
professional judgment.
Insurance Brokers
We have acted for brokers in circumstances where it has been
alleged that they have failed to properly place the risk, that they
have failed properly to advise the insured or that the
pre-inception presentation to insurers has been inadequate.
IT Professionals
We have acted for IT Professionals when customers have alleged
that the product of service provided was not what they wanted.
Directors and Officers
We are asked by Insurers to advise them on policy coverage
issues arising out of claims intimated on D&O policies as well
as defending claims that are covered.
Equestrian Professionals
We have acted in most of the cases brought in Scotland against
equestrian professionals. As the cases involve both
claims for personal injury and allegations of negligence our
expertise is unrivalled. In the case of Anne McGregor -v- LMRS [2007] CSOH 153
we successfully defended the claim brought by Mrs McGregor that
arose out of an injury she incurred while taking part in a riding
lesson as the judge accepted that both the owner of the yard and
instructor had correctly exercised their judgment in matching the
horse to the rider and the content of the lesson.
Arbiters
From time to time even the best arbiter will find that the
unsuccessful party wants to challenge the decision. Often that
challenge will be by judicial review. We act for arbiters in
protecting their position and upholding their independence and
expertise.
Searchers
We are increasingly instructed by title searching companies. In
this business where margins are low and competition high, it is
important to deal with claims swiftly and with care, to ensure that
no claim is met unnecessarily and to ensure that where the error
has been by the local authority, there is no liability on the
searcher.
Zoologists
We act for every profession - from architects to zoologists.
It's aardvark but we believe our service measures up.