We have extensive experience of dealing with high value and complex professional negligence claims. Allegations of this nature are commonly brought against a range of professionals, including lawyers, engineers, surveyors, architects and accountants.
Our experience means that we are very often able to bring this type of claim to an agreed settlement at a relatively early stage, and alternative dispute resolution techniques such as mediation are often used as an effective means of coming to an agreement with professional indemnity insurers.
FAQs
What is professional negligence?
Professional negligence occurs when a professional fails to perform their duties to the standard expected of a reasonably competent person in their field, and this failure causes you to suffer a loss. It is a breach of the duty of care that professionals owe to their clients.
What are the elements of professional negligence?
To succeed in a claim of professional negligence, you must prove three elements:
- A Duty of Care: The professional owed you a legal duty of care.
- A Breach of Duty: The professional breached that duty by providing a service that fell below the required standard.
- Causation and Loss: The breach of duty directly caused you to suffer a measurable financial loss or damage.
What are the different types of professional negligence?
Negligence can occur in any profession. Common examples include:
- Solicitors providing incorrect legal advice
- Accountants failing to identify tax liabilities
- Surveyors missing significant structural defects in a property
- Insurance brokers arranging inadequate insurance
What is the difference between professional negligence and professional misconduct?
Professional negligence relates to a professional’s failure to meet the required standard of care, leading to a loss for their client. Professional misconduct, on the other hand, refers to a breach of the ethical or professional rules set by a regulatory body (like the Solicitors Regulation Authority or the General Medical Council). While an action can sometimes be both misconduct and negligent, they are distinct concepts and are handled through different processes.
It is also important to note that professional negligence claims are subject to strict time limits. In most cases, you have six years from the date of the negligent act to bring a claim, although different rules may apply if the negligence only becomes apparent later.
Complaints about professional misconduct, however, are dealt with through the relevant regulator’s procedures and follow their own separate timelines.
What is the Pre-Action Protocol for Professional Negligence?
The Pre-Action Protocol is a set of steps that parties are expected to follow before starting court proceedings in England and Wales. It encourages an early exchange of information and aims to resolve disputes without going to court. The process typically begins with a “Letter of Claim” sent to the professional, who then has a set period to investigate and respond.
