Professional Negligence

What Is Professional Negligence?

Professional negligence occurs when a professional — such as a solicitor, accountant, architect, surveyor, or financial advisor — fails to perform their duties to the standard reasonably expected of their profession, and this failure causes you financial loss or other harm. Common examples include a solicitor missing a court deadline, an accountant giving incorrect tax advice that results in penalties, an architect designing a building that does not meet regulations, a surveyor failing to identify serious structural defects, or a financial advisor recommending unsuitable investments. To succeed in a professional negligence claim, you must show that the professional owed you a duty of care, they breached that duty, and the breach directly caused you measurable loss.

What Type of Specialist Can Help?

Professional negligence claims are handled by specialist professional negligence solicitors who understand both the law and the standards expected of different professions. These cases often require expert evidence from practitioners in the same field to establish what the reasonable standard should have been. Specialist solicitors can assess causation, quantify your losses, negotiate with the professional's insurers, and take the matter to court if a settlement cannot be reached.

What Information Do You Need?

You will need to identify the professional or firm involved, explain what they were instructed to do, describe what went wrong, estimate the financial loss you have suffered (if known), and provide any relevant correspondence, contracts, or documents. Our enquiry form will guide you through the key information.

Common Causes of Professional Negligence

Professional negligence arises when: a solicitor misses a court deadline or gives incorrect legal advice, an accountant provides wrong tax advice leading to penalties, an architect designs a non-compliant building, a surveyor fails to identify serious structural defects, a financial advisor recommends unsuitable investments, or any professional fails to meet the standard expected of their profession.

Am I Eligible to Make a Claim?

To succeed you must establish: (1) the professional owed you a duty of care, (2) they breached that duty by failing to act with reasonable skill and care, (3) the breach caused you measurable financial loss, and (4) the loss was a reasonably foreseeable consequence. You must be within limitation periods.

Evidence You Will Need

Contract or retainer letter with the professional, details of what you instructed them to do, a clear explanation of what went wrong compared to what a competent professional would have done, evidence of your financial loss, all relevant correspondence, and any complaint made to the professional or their regulator.

Time Limits to Be Aware Of

Generally six years from the date of the negligent act or omission. Alternatively, three years from the date you became aware (or should reasonably have become aware) of the negligence and resulting loss, subject to a 15-year longstop from the negligent act.

The Typical Professional Negligence Process

(1) Specialist takes detailed history and reviews documents. (2) Independent expert in the same profession provides opinion on whether the standard of care was breached. (3) If favourable, letter of claim sent under the Pre-Action Protocol for Professional Negligence. (4) Professional's insurers respond (typically within three months). (5) Negotiations to settle. (6) Court proceedings if settlement cannot be reached — most cases settle before trial.

What Outcomes Can You Expect?

Compensation for the financial loss directly caused by the negligence, including consequential losses. Often includes the fees paid to the negligent professional. Interest on losses from the date incurred. Insurers typically pay both compensation and reasonable legal costs if the claim succeeds.

Frequently Asked Questions About Professional Negligence

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