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Adjudication Scheme for Professional Negligence Claims.

31st October 2016 by Rob Kelly

Categories: What's New?
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A revised adjudication scheme for professional negligence claims has been launched, updating the scheme that was launched in May 2015.  The changes have been made with the aim of encouraging greater participation in the scheme.

The scheme is now open to all professional negligence claims – previously it was only available where the dispute involved a claim against legal advisers.  There is still no definition of “professional negligence disputes” but the guidance states that the scheme is intended to apply to disputes “between professional persons such as lawyers, valuers, accountants and so forth and their clients”.

The £100,000 cap on the value of any claim that can be adjudicated has gone – there is no longer an upper limit.

The scheme continues to be entirely voluntary.

The aim of the scheme is to enable parties involved in professional negligence disputes to obtain a decision on their dispute quickly and at a relatively low cost.

The adjudicator will provide a written reasoned decision within 56 days of appointment.  The decision will be binding and, if the adjudicator decides in the claimant’s favour, compensation will be payable within 21 days.  If payment is not made, the claimant can seek summary judgment to enforce the decision through the courts.

If you would like further information please contact Rob Kelly.

This article provides information and comments on legal issues and developments of interest.  The contents of this article do not constitute legal advice, is not a comprehensive treatment of the subject matter covered, and should not be relied on as such.  Legal advice should be sought about your specific circumstances before taking any action with respect to the matters discussed.

Rob Kelly

Senior Associate — Dispute Resolution

Direct dial: 01202 755217

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  • “A first choice for truly contentious Litigation in Automotive and Asset Finance and Leasing. His pure skill in tricky work wins through time and again and adds real value compared with the so called 'top tier' litigators. Truly capable, amenable and commercially minded business partners, the 'master chessmen' of their specialty.”

    Paul Maxted, previously the In house Legal Adviser and Company Secretary nearly 20 years, all Financial Services related companies in UK for Daimler, Mercedes-Benz

  • “I have had the pleasure of working with several members of the team at Laceys regularly over a period of years. I found Rob Kelly in particular, who worked on a successful litigation case for me over a period of several years to be outstanding in all aspects of the work he undertook, and the manner in which he did it. I now consider him a friend. I would not - and have not - hesitated to recommend Laceys to my family and friends, and continue to use them for all legal matters.”

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    Roger Woodall, CEO - Diamond Sporting Group

Rob is an Associate Member of the Chartered Institute of Legal Executives (September 2009).  Rob also holds an LLB (Hons) degree in law.  He successfully completed training as a mediator under the ADR Chambers / Harvard Law Project Scheme and was one of the first mediators to have been appointed an IMI Certified Mediation Advocate in the UK with a commercial practice.

Rob specialises in dispute resolution through litigation, arbitration and mediation, with particular emphasis on contractual disputes, claims involving allegations of professional negligence (which he has prosecuted on behalf of commercial and private clients and defended on behalf of insurers, re-insurers and Lloyd’s syndicates). He is regularly instructed in connection with substantial disputes involving contractual, professional negligence, contentious probate issues.  Rob also deals with contentious property and landlord and tenant issues.

Rob’s style is a mix of listening, asking (tough) questions, diplomacy and reality testing. He’s interested, flexible, and pragmatic. He offers a common sense, realistic approach to assist his clients in searching for solutions to their disputes and brings straight talking and integrity to his work.

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