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What level of compensation should I expect for solicitor not requesting mine survey until after house sale?

Our solicitor requested the survey after the completion of the sale, by then it was too late. We would not have bought the house knowing there was a mine shaft. If we claim compensation, how does this work and how can it be valued? We may now be stuck with a house we can't sell. Thank you for your answers, could you clarify, if possible, how a value of compensation could be decided upon with regards to the fact that the mine shaft may put off future buyers altogether as it would have us? This would of course render the property worthless?

Public Comments

1. You asked a similar question a few hours ago. I repeat the relevant section of that answer: You will be entitled to compensation for any loss you have suffered, eg for the costs of any remedial work required or for any loss in value now this fact is known. The claim will be valued quite simply: You will get back anything you have to pay out to rectify the situation and/or anything you lose as a result of this problem when selling the house.
2. Simon C is absolutely correct in what he says. The first thing that you have to do is to raise the issue with your former solicitor and see if (s)he is accepting liability and has informed their insurer. Assuming that this has happened, the basis of compensation in this instance is the diminution in market value. This will be calculated on the basis of the current market value (what you paid) less whatever you can now get for it on the open market, using all reasonable measures to sell. This could be anything up to 100% of the price that was paid. In addition, as Simon C indicates, any reasonable additional expenditure that comes about directly due to having to sell (together with reasonable incidental costs) is also claimable. Please note the use of the word "reasonable". Please also note that you are not entitled to make a profit, either.
3. Both answers absolutely right! Old Holl just clarifies what Simon C says. You need an independent valuation (costs reclaimable) to say what the house is really worth in the light of this knowledge. Mining problems are quite common round here (NE England) and I have done a number of valuations where after I have submitted my report, the solicitor has had a mining report commissioned, then come back to me for comment.