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Compromise agreement was badly drafted by my solicitor excluding personal injury claims: can I claim for professional negligence?
In 2004 solicitors negotiated a compromise agreement for £30K with my employer for stress due to bullying/unfair treatment at work. This was intended to cover damage up to leaving in 2004. I was concerned about potential long term effects and future employability/loss of earnings. They said I could re-open the case and claim further damages later if necessary. They now say the agreement is conclusive and I cannot make a further claim. This has left me seriously financially disadvantaged given my previous yearly earnings were £60k. The solicitors stated they had advised me about all possible claims but in fact only advised me about a limited employment tribunal claim and not personal injury and took no expert advice about long-term effects before recommending acceptance of the agreement. Do I have any claim against the solicitors for negligence?
This is a surprisingly common error on the part of many Solicitors. Compromise agreements routinely include "all claims" and solicitors should know to amend this to exclude personal injury claims. This should have been pointed out to you and the potential consequences highlighted.
Whether there is a claim depends upon whether you can prove you have suffered a loss. We will ask one of our solicitors to call you to gather more information.
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