Cathryn Selby acted for a business client, who wished to pursue its former solicitors for professional negligence arising out of a failure to give appropriate advice in relation to an existing planning permission which the client wanted to ensure did not lapse.

Unfortunately, in reliance on the solicitors' advice, certain conditions of the planning permission were not complied with resulting in our client being forced to make a fresh planning application. The permission was ultimately granted but on different and less beneficial terms to the previously existing planning permission.

Cathryn sent a Letter of Claim (pursuant to the Professional Negligence Pre-Action Protocol) to the solicitors, who immediately admitted liability, but denied that their negligence had caused our client loss. Cathryn therefore obtained expert evidence which supported our client’s case, whilst our client was taking steps to ‘mitigate their loss’ caused by the loss of the original planning permission.

Settlement negotiations ensued and the matter settled earlier this year with our client receiving a significant award in their favour. The client was extremely pleased with the outcome and delighted to have worked with Cathryn on the matter.

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Negligent Planning Permission Advice