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Work for negligent professional advice or defective services is pursued in delict or contract in the Scottish civil courts and covers matters such as negligent legal or tax advice, faulty surveys, design defects and veterinary care. A solicitor acting for a pursuer will investigate the contract or appointment, instruct independent expert witnesses, preserve contemporaneous records, prepare and lodge a summons or initial writ to raise an action in the sheriff court or Court of Session, negotiate with the defender’s insurers or agents and represent the pursuer in hearings or at proof. Cases turn on duty of care in delict, expert evidence and quantification of loss.
