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Bridge McFarland LLP can offer you practical, uncomplicated advice, support & guidance when you need it most. Whether it be an employment dispute, family advice, an accident or negligence, life planning or moving house, let us help you.
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Our commercial team in Lincoln, Hull, Market Rasen and Grimsby prides itself on its sound business sense, commercial insight, local knowledge and first class understanding of the relevant legal disciplines ranging from employment law, business contracts, dispute resolution to agriculture and property development. From company formation to sale, succession, dissolution or dispute resolution, you can trust our team to deliver first class service and results.
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Expensive equipment failure leaves business with a costly problem

Our client, with the aid of asset finance, purchased some specialist industrial lifting equipment for use on the railway. It was controlled by complex software.

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Our client, with the aid of asset finance, purchased some specialist industrial lifting equipment for use on the railway. It was controlled by complex software. Whilst being used for its intended purpose the machines were unable to maintain balance when lifting and one toppled over and tumbled down an embankment. Due to this incident all 7 machines purchased by the company were deemed unsafe and unusable. In order to honour contracts already agreed the client was required to hire more machinery (whilst still paying finance on the ones purchased). The original machines were subject to testing and, after 18 months were modified and repaired.

Losing money while both paying for machinery that it couldn’t use and having to turn away work due to not having suitable machinery available the clients were in an invidious position, not least because the manufacturer, UK supplier and the bank that financed them all denied liability for various reasons.

Rob Ripley, Partner and Head of Bridge McFarland’s Dispute Resolution department assisted our client to negotiate a commercial settlement.

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Amelia Anderson-Jane
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FAQs
Do I have a claim for professional negligence?
Negligence is more than just poor service by a professional advisor. In order for a claim to succeed it is necessary to show that the professional owed a duty of care, that they breached that duty and that this caused a loss. A professional advisor will usually owe their client a duty of care. The standard required of a professional is not one of perfection and the mere fact of an error does not necessarily constitute negligence. A professional will only breach their duty of care by making an error which no reasonable member of their profession, in their circumstances, would have made. Even then, a professional may have acted negligently, but a claim will only succeed if their actions or advice caused financial loss.
Are there any time limits?
In most cases a claim must be brought within 6 years from the date of the negligence. However, in cases where the negligence only becomes apparent at a later stage, this may be extended to 3 years from the date of knowledge of the facts which might give rise to the claim. There is a long-stop date of 15 years. After these limitation periods expire any claim will be statute barred and cannot be pursued. It is therefore important to seek legal advice quickly if you think your business may have a claim for professional negligence.
How involved will I be in my claim?
We know that bringing a legal claim can be stressful and you can be as involved in your claim as you wish to be. Of course, we will always provide you with real and honest advice throughout your claim and will always act in accordance with your instructions.

 

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