Professional advice is relied upon to support significant financial, commercial, and personal decisions. When that advice proves to be wrong, incomplete, or negligent, the consequences can be serious.
Understanding whether you have a professional negligence claim, and what to do next, is critical to protecting your position and recovering your losses.
What is professional negligence?
A professional negligence claim arises when a trusted adviser fails to exercise the reasonable skill, care, or competence expected of their profession, and that failure causes financial loss or other measurable damage.
Professionals, including accountants, solicitors, architects, surveyors and others, are engaged in the expectation that their advice and work will achieve the client’s goals.
When that advice turns out to to be wrong, incomplete, or negligent, the consequences can be significant, whether for a business, an investor, or an individual.
For business clients, many professional negligence claims overlap with broader commercial litigation issues, especially where negligent advice has disrupted trading, transactions, or contractual relationships.
A professional negligence claim provides a legal route to recover losses where a professional has fallen below the accepted standard. At its core, professional negligence claims focus on holding the professional accountable for the work that they do.
What can you claim for?
A successful professional negligence claim aims to place you in the position you would have been in had the negligence not occurred.
Depending on the circumstances of your case, this may include:
- Financial losses directly caused by the negligent advice or service
- Loss of opportunity, such as a missed transaction or investment
- Additional costs incurred in correcting the mistake
- Interest on losses suffered over time
The value of a claim will depend on the evidence available and the complexity of the issues involved. Accurately quantifying loss often requires expert input, particularly in high-value or technically complex matters.
Which professionals can be sued for negligence?
Whilst traditionally tied to regulated fields, for example; solicitors, accountants, surveyors, architects, insurance brokers, financial advisers, and health professionals, the scope of who may be considered a “professional” has expanded considerably over time.
Today, any skilled, specialist consultant whose advice is relied upon to make informed, often high-value decisions, can be sued if they fall short in their duty of care to you.
Does professional negligence apply to individuals and businesses?
Professional negligence claims can be pursued by both individuals and businesses and can be made against both individuals and corporate structures, depending on who the contracting parties were.
How do you know if you can make a professional negligence claim?
To make a claim, you need to show that the advice you received fell below the level of skill and care that you could reasonably expect from a professional working in the same field and circumstances and that this has caused you loss.
There are four essential elements, which must be overcome to succeed in a professional negligence claim:
- The professional must owe you a duty of care;
- The professional must have breached that duty of care;
- Loss must have been caused by the breach; and
- The loss must be reasonably foreseeable
Ticking all four of the above boxes is not always easy to do even where you think that the professional has breached his duty of care to you.
Identifying the true value of your loss can often require expert evidence, which is why our team regularly instructs and liaises with experts as part of the process of establishing your losses.
What do you need to prove your claim?
Each case will turn on its own facts and evidence, meaning there is no 'one-size-fits-all' approach.
You should always seek legal advice before making a professional negligence claim. Our solicitors will work with you and professional experts (when required) to establish the facts of your case and provide a comprehensive strategy bespoke to your case.
Is there a time limit for a professional negligence claim?
There is usually a six-year contractual time limit on professional negligence claims, though this can be extended to twelve years if the negligence arises from the drafting of a deed (contracts for the buying and selling of land are usually done by way of deed).
There is a long stop of 15 years from the date the cause of action accrued for claims that are pursued under the law of tort.
What kind of claims can we assist with?
We advise on matters against a range of professionals, where poor advice, missed deadlines or filing errors have caused financial loss including:
- Accountant Negligence Claims
- Solicitor Negligence Claims
- Barrister Negligence Claims
- Architect Negligence Claims
- Surveyor Negligence Claims
What is the process for making a professional negligence claim?
Professional negligence claims follow a structured legal process, designed to resolve disputes efficiently and, where possible, without the need for court proceedings.
While each case will differ and can vary in complexity which can impact the process, however the basic process includes:
- Initial assessment: Reviewing the merits of your claim and the evidence available
- Pre-action stage: Formally notifying the professional of the claim and setting out the basis of the allegations
- Investigation and negotiation: Both parties exchange information and explore the possibility of settlement
- Court proceedings (if required)
In many cases, claims are resolved through negotiation or mediation, particularly where the professional is insured. A clear strategy at an early stage is key to achieving a commercially sensible outcome.
Will you have to go to court?
Our dispute resolution team will always endeavour to pursue the best possible route to a resolution and this may mean avoiding a court case.
Most professionals have indemnity insurance and whilst insurers often fight hard not to have to pay out, if there is a clear case to answer, insurers prefer to settle than go to court.
How can you fund your claim?
We know how stressful a claim can be, which is why our team offers a range of funding options to help resolve your dispute, including but not limited to Conditional Fee Agreements (CFAs) to Damages-Based Agreements (DBAs) and Fixed Fee Agreements.
We can also offer you an initial fixed fee review and advice on the merits of your case.
Get advice about a professional negligence claim
Our professional negligence litigators, led by Head of Dispute Resolution Nick Clarke, have the capability to meet tight timescales and provide comprehensive dispute resolution services for those who are defending or making a professional negligence claim. Get in touch today to discuss your case.
Key Contact
Nick Clarke
Senior Partner | Head of Dispute Resolution
Nick became the firm’s Senior Partner in 2019, having been with Aaron & Partners for over 20 years, and he sits on the firm’s management board. He also leads the Dispute Resolution team.
