Professional negligence disputes

Our professional negligence solicitors have a significant amount of experience in successfully dealing with professional negligence claims against professionals, including accountants, architects, solicitors, surveyors, financial advisors and more.

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What is professional negligence?

In essence, professional negligence occurs when a professional person or body fails to perform to the standards reasonably expected of them. Most of the time, when you engage a professional to provide you with a service, it will be carried out properly.

There are unfortunately times when that is not the case.

If a professional fails to provide the agreed-upon advice or service to you at a standard that a reasonable person within the same profession would expect, there may be a claim for professional negligence. As a result, you may have suffered significant loss, for example in monetary loss, time or a missed opportunity.

What types of professional negligence claims can we assist with?

Surveyors failing to identify structural issues with a property, failing to properly complete survey reports and/or inspections, or failing to comply with planning and regulatory requirements
Accountants failing to advise on all tax relief options available
Doctors or healthcare professionals breaching confidentiality agreements
Solicitors providing inaccurate advice and/or failing to meet court and legal deadlines
Financial Advisor failing to properly advise on the implications and/or suitability of a financial product
Auditor failing to provide reports free from any material misstatement
Architects providing flawed designs

The claims process

The process for pursuing a professional negligence claim typically involves the following steps:

Preliminary Notice: A preliminary notice is sent to the professional, outlining the claim and requesting them to notify their professional indemnity insurers. The professional must acknowledge receipt within 21 days
Letter of Claim: A detailed letter of claim is then sent, specifying the above elements and the estimated financial loss. It may also refer to an expert opinion and propose alternative dispute resolution methods.
Response from the Defendant: The professional has 21 days to acknowledge the letter of claim and three months to investigate and respond.
Court Proceedings: If the matter is not resolved, court proceedings may be initiated.
Alternative Dispute Resolution: Wherever possible, parties should try to resolve their dispute using a form of ADR, such as mediation. This can take place either before court proceedings are issued, or at any point during the course of court proceedings. This process requires strict adherance to the Pre-Action Protocol for Professional Negligence and so it is important to seek independent legal advice as soon as you become aware that you might have a potential claim in professional negligence, in order to protect your position.

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What do you need to prove in a professional negligence claim?

To successfully bring a professional negligence claim, you must establish the following elements:

Duty of Care: Demonstrate that the professional owed you a duty of care.
Breach of Duty: Show that the professional breached their duty by failing to meet the standard of care expected of them.
Causation: Prove that the breach caused the loss or damage you are claiming.
Remoteness: Ensure the loss is not too remote and is sufficiently connected to the breach.
Mitigation: Confirm that you took reasonable steps to mitigate (i.e. limit) your losses.

Additionally, the claim must be brought within the relevant limitation period.

Our experts will assess the strength of your claim and guide you through the entire process, ensuring you understand each stage clearly.

Professional negligence experts

Our team of specialist solicitors have a wealth of experience in successfully representing clients across a wide range of professional negligence disputes and cases. If you have suffered loss due to poor advice or service from a solicitor, accountant, surveyor, or other professional, our expert team can help. We will assess your case, guide you through the pre-action protocol, and pursue compensation where appropriate.

Get in touch with our professional negligence experts today for a free initial discussion and clear advice on your next steps.

Professional negligence dispute FAQs

What qualifies as professional negligence?

Professional negligence is defined as a professional breaching their duty of care or not performing their responsibilities and services to the required standard.

Disputes arise when individuals feel as though a professional has failed to meet these standards and has not met their basic responsibilities.

What are some common examples of professional negligence?

Common examples of professional negligence include breaches of confidentiality, failing to advise on the implications of a financial product, failing to advise on tax relief options, failing to identify issues with properties, providing incorrect legal advice, providing poor business strategies and more.

How do you prove professional negligence?

To prove professional negligence, individuals are required to first prove that the professional owed them a duty of care, as well as that they breached this duty of care by failiong to meet the standard of care expected of them. That breach must have resulted in loss or suffering which was foreseeable.

How long do I have to make a professional negligence claim?

For claims in contract, you will typically have six years from the date that the professional breached their contract with you to bring a claim. For claims in tort, you will usually have six years from the date that you first sustain damage as a result of negligence by the professional. These dates can sometimes be extended to three years from the date that you become aware of the facts relevant to your claim if you discover them later, subject to an overall longstop of 15 years from the date of the negligent act or omission.

Can I claim against my former solicitor or accountant?

Potentially yes, as long as all the elements described above are present. If you think you might have a claim, you should seek independent legal advise as soon as possible to determine the merits of your claim and to protect your position.

What evidence do I need to start a professional negligence claim?

Gather any relevant documentation that helps to show that the professional owed you a duty of care and that the duty has been breached. For example, you should provide a copy of any contract/terms of business you have with the professional and any relevant correspondence or messages you have with them. Any evidence you have to show what loss you have suffered is also important. Often, it is both helpful and necessary to obtain expert evidence early on in the process to support your position.

About Ellis Jones

We specialise in providing an exceptionally personal service and experience to those we work with, giving our clients peace of mind knowing their case is in the hands of the experts.

Learn more

About Ellis Jones

We specialise in providing an exceptionally personal service and experience to those we work with, giving our clients peace of mind knowing their case is in the hands of the experts.

Learn more