Negligence and other civil claims barrister advice

Many civil claims arise because another person, business or organisation has caused loss or damage through a careless act, failure to act or unlawful interference with another person’s rights. These non-contractual claims are often described as claims in tort.

Barristerly provides a straightforward way to obtain focused online advice from an experienced Public Access barrister about negligence and other civil claims in England and Wales.

The barrister can help you understand whether a legal duty may have been breached, whether that breach caused a recoverable loss and what practical steps you should consider taking next.

Negligence and civil claims we may be able to help with

Negligence causing financial loss

Not every financial loss caused by another person’s mistake gives rise to a legal claim. The outcome may depend on whether a duty of care existed, the nature of the relationship and whether the loss was reasonably foreseeable.

Advice may cover:

  • whether the defendant owed a duty of care;

  • the standard of care that should have been exercised;

  • whether that standard was breached;

  • whether the breach caused the alleged loss;

  • careless statements or information;

  • reliance on advice or representations;

  • responsibility for inaccurate reports or records;

  • whether the loss is legally recoverable;

  • contributory negligence; and

  • the appropriate measure of damages.

Where the alleged negligence concerns a solicitor, surveyor, accountant, architect or another professional adviser, our Professional and Clinical Negligence page may be more appropriate.

Property damage

A negligence claim may arise where careless work or activity causes physical damage to a home, business premises, vehicle, goods or other property.

A barrister may advise on:

  • responsibility for the damage;

  • whether reasonable care was taken;

  • damage caused by contractors or tradespeople;

  • escape of water, fire or other substances;

  • damage during repair or maintenance work;

  • damage to vehicles, equipment or personal possessions;

  • whether another party is legally responsible for a contractor’s actions;

  • the reasonable cost of repair or replacement;

  • loss of use and consequential financial loss; and

  • the evidence required to prove the cause and extent of the damage.

Technical questions about causation or repair costs may require evidence from a surveyor, engineer or other expert.

Nuisance and interference with property

A person may have a claim where activity on neighbouring or nearby land unreasonably interferes with the use or enjoyment of their property.

Advice may concern:

  • noise, vibration, dust or smells;

  • water, sewage or other substances escaping onto land;

  • smoke, fumes or pollution;

  • tree roots, vegetation or subsidence;

  • repeated disturbance or interference;

  • damage resulting from activities on neighbouring land;

  • whether the interference is legally unreasonable;

  • responsibility of an owner, occupier or contractor;

  • possible injunctions; and

  • claims for damages.

Where the dispute principally concerns ownership, boundaries, rights of way, restrictive covenants or trespass to land, our Property and Land Disputes page may be more appropriate.

Damage caused by neighbouring owners or contractors

Building, excavation or maintenance work may cause physical damage or interfere with neighbouring property.

A barrister may advise on:

  • alleged negligent building work;

  • excavation and damage to foundations;

  • cracking, movement or subsidence;

  • water penetration or drainage problems;

  • damage caused by scaffolding, machinery or materials;

  • the respective responsibility of the owner and contractor;

  • whether a non-delegable duty or other basis of liability may arise;

  • the need for expert evidence;

  • remedial costs and other losses; and

  • the possible recovery of damages.

Disputes arising principally from the terms or performance of a construction contract are addressed on our Building and Construction Disputes page.

Accidents and unsafe premises

An owner, occupier, employer, business or public body may owe duties concerning the reasonable safety of people using premises or engaging in particular activities.

Advice may cover:

  • slips, trips and falls;

  • defective stairs, paths, floors or structures;

  • unsafe shops, offices or public premises;

  • accidents involving visitors or contractors;

  • hazards on roads or pavements;

  • inadequate warnings or precautions;

  • whether the defendant had notice of the danger;

  • whether the injured person took reasonable care;

  • causation and medical evidence; and

  • the likely heads of recoverable loss.

Personal-injury claims commonly require medical evidence and careful calculation of damages. Serious or document-heavy claims may require a solicitor and are unlikely to be suitable for determination within the fixed-fee package.

Careless provision of information or services

A claim may arise where someone supplies inaccurate information or performs a service carelessly, causing foreseeable loss.

Advice may concern:

  • whether responsibility was assumed for the information or service;

  • whether reliance was reasonable;

  • inaccurate references, reports or statements;

  • administrative or operational errors;

  • failure to pass on important information;

  • negligent performance of a service;

  • the relationship between contractual and negligence claims;

  • limitation or exclusion of liability;

  • causation and remoteness; and

  • the losses that may be recoverable.

Trespass and interference with goods

Civil claims may arise where another person wrongfully enters land, takes or retains goods or interferes with someone else’s property.

Advice may cover:

  • unauthorised entry onto land;

  • continuing or repeated trespass;

  • removal or retention of goods;

  • damage to personal property;

  • disputed ownership or possession;

  • conversion or wrongful interference with goods;

  • demands for the return of property;

  • injunctions or delivery-up orders; and

  • claims for damages.

Trespass and interference with property

Civil claims may arise where another person enters or remains on land without permission or otherwise interferes with property rights.

Advice may cover:

  • unauthorised entry onto land;

  • continuing or repeated trespass;

  • encroachment by structures, equipment or stored items;

  • refusal to leave or remove property;

  • damage caused during the trespass;

  • disputed rights of possession;

  • injunctions requiring the interference to stop; and

  • claims for damages.

Where the dispute principally concerns land ownership, boundaries, rights of way or restrictive covenants, our Property and Land Disputes page may be more appropriate.

Wrongful retention of goods, conversion and bailment

Bailment commonly arises when goods are placed in another person’s possession for storage, transport, repair, safekeeping, valuation or sale. Disputes may arise if the goods are lost, damaged, used without authority, sold or not returned when requested.

A barrister may advise on:

  • who owns the goods or has the immediate right to possess them;

  • whether a bailment relationship exists;

  • the terms on which the goods were received or retained;

  • the duty of care owed by the person holding the goods;

  • loss or damage occurring while the goods were in another person’s possession;

  • unauthorised use, transfer or disposal of goods;

  • demands for the return of goods and refusal to comply;

  • wrongful retention, conversion or other interference with goods;

  • whether a contractual, statutory or common-law lien permits the goods to be retained;

  • whether appropriate notice was required before the goods could be sold or disposed of;

  • competing claims to ownership or possession;

  • responsibility involving storage businesses, carriers, repairers, garages, agents or auctioneers;

  • orders for delivery up or return of the goods; and

  • damages for loss, damage, loss of use or wrongful interference.

Responsibility for employees, contractors and other parties

It is not always straightforward to identify who is legally responsible for an act that caused loss.

A barrister may advise on:

  • personal liability of the person who caused the loss;

  • an employer’s responsibility for an employee;

  • liability for independent contractors;

  • responsibility of property owners or occupiers;

  • claims involving several potential defendants;

  • contribution between responsible parties;

  • contractual indemnities;

  • responsibility within corporate groups; and

  • whether the correct proposed defendant has been identified.

Causation and disputed responsibility

Establishing that someone acted carelessly is not always enough. The claimant must ordinarily show that the breach caused the loss for which compensation is sought.

Advice may cover:

  • the factual cause of the loss;

  • whether the loss would have occurred in any event;

  • intervening events;

  • competing possible causes;

  • responsibility shared between several parties;

  • contributory negligence;

  • remoteness of loss;

  • the need for expert evidence; and

  • whether the available evidence is sufficient to prove the claim.

Damages and other remedies

The appropriate remedy will depend on the nature of the legal wrong and the loss caused.

A barrister may advise on:

  • compensation for repair or replacement costs;

  • loss of value;

  • loss of profit or income;

  • loss of use;

  • consequential financial losses;

  • personal-injury damages;

  • interest;

  • mitigation of loss;

  • declarations and injunctions;

  • delivery up or return of property; and

  • whether the likely remedy justifies the cost and risk of proceedings.

Evidence and limitation periods

Civil claims must be supported by evidence and commenced within the applicable limitation period.

Advice may concern:

  • when the cause of action arose;

  • which limitation period may apply;

  • the date on which damage occurred or was discovered;

  • acknowledgment or concealment;

  • preservation of documents and physical evidence;

  • photographs, recordings and correspondence;

  • witness evidence;

  • expert reports;

  • pre-action correspondence; and

  • the consequences of delay.

Limitation periods vary according to the type of claim and circumstances. Some claims, particularly personal-injury claims, have shorter periods than ordinary claims for property or financial loss. Prompt advice should therefore be obtained.

What advice can the barrister provide?

Depending on the questions accepted, the barrister may help you understand:

  • whether a legal duty may be owed;

  • whether there appears to have been a breach;

  • whether the alleged breach caused a recoverable loss;

  • the strengths and weaknesses of your position;

  • who may be legally responsible;

  • what evidence or expert opinion may be required;

  • the potential value and remedies available;

  • any relevant limitation or procedural issues;

  • whether negotiation, mediation or court proceedings may be appropriate; and

  • the practical steps you should consider taking next.

  • whether goods have been wrongfully retained, used or disposed of and what remedies may be available;

Fixed-fee online negligence advice

The Barristerly package costs £750 including VAT, and provides up to two hours of the barrister’s professional time in total.

It ordinarily includes:

  • advance consideration of your information;

  • review of up to 20 pages of the most relevant documents;

  • an online consultation of up to 60 minutes; and

  • a short written summary of the principal advice and recommended next steps.

The remaining time is divided between preparation and producing the written summary at the barrister’s professional discretion.

Relevant documents might include important correspondence, photographs, contracts, invoices, repair estimates, accident reports, witness statements or a concise expert report.

Is the fixed-fee package suitable for every civil claim?

The package provides focused advice on defined questions. It does not include extensive factual investigation, medical or technical assessment, preparation of substantial court documents, the conduct of proceedings or representation at a hearing.

Negligence claims can involve complex expert evidence, substantial losses or extensive documents and may not be capable of proper assessment within the available time. The barrister may ask you to narrow your questions or documents, decline the instruction or discuss separate terms for additional work.

If an injunction is required urgently, evidence is at risk of being lost or a limitation period is approaching, you should obtain immediate legal assistance and should not rely on the ordinary Barristerly booking process.

Request a negligence or civil claim consultation

Choose an available appointment and tell us briefly about the loss or damage, how it occurred and the questions you would like answered.

Your request remains provisional until the barrister has completed the necessary conflict and suitability checks and confirmed the instruction in writing.

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Barristerly is an independent booking and introduction service connecting clients with participating independent Public Access barristers. Barristerly is not a firm of solicitors or a barristers’ chambers and does not itself provide legal advice.