What is professional negligence?

 

If a professional has caused you financial loss due to their mismanagement or mistake when handling your affairs, a professional negligence solicitor can assess whether or not you have a professional negligence claim.

Who can I sue?

Not all professionals owe a duty of care. Below is a list of some of those who can be sued for professional negligence if they perform below the expected standard:

  • Solicitors
  • Surveyors
  • Barristers
  • Engineers
  • Accountants
  • Insurance brokers
  • Architects
  • Financial Advisors

Professional negligence solicitors can specialise in general professional negligence or within a particular professional field. They can also defend a professional who is subject to a professional negligence claim, although they will usually represent the insurance companies who cover professionals in the event of professional negligence.

Making a professional negligence claim

When making a claim for professional negligence a certain procedure must be followed. If the claimant does not follow that procedure then they may not be able to bring their professional negligence claim. Alternatively, they may still be allowed to bring the claim but will suffer cost penalties for not following the correct procedure.

In claims for professional negligence, claimants must follow the pre-action protocol. Pre-action protocols were introduced by Civil Procedure Rules (CPR) 1998. The aims of the protocols are to promote co-operation between parties and to settle cases without going to court.

Before commencing a professional negligence claim, a claimant’s solicitor should send the other party a letter of claim. This letter should set out the factual and legal basis of the claimant’s claim. It should also state what remedies the claimant is seeking.

The pre-action protocol gives guidance on how to draft letters of claims for professional negligence. It states what information must be included in the letter. According to the protocol, the letter should include the following (amongst other things):

  • A chronological summary of the case
  • Allegations against a professional
  • Confirmation of whether an expert has been appointed

As with all negligence cases it is a highly complex area of law and the specialist advice of a solicitor should be sought where possible. This is especially important if your claim concerns a health care professional, in which case you will need a solicitor who specialises particularly in clinical negligence claims.

For more information on the benefits of using a solicitor, see our information page on professional negligence solicitors.

Do you have a claim for professional negligence that you require legal representation for? When choosing a solicitor, Contact Law can help in assessing your requirements and selecting the best suited solicitor for you from our panel of over 1000 law firms. Please call us on 0800 1777 162 or complete the web-form above.

Call
0800 1777 162
or fill in the form
Our trained advisor contacts you
Your chosen specialist solicitor calls you
Quick enquiry form
Area of law:
Name:
Town/City:
Email:
Phone:
What our clients say about us
"This was the first time I've been to court, which was a nerve-racking experience for me. However, I felt very prepared, I understood my case and representation - this was down to you."
Gavin, criminal motoring, Oct 15
"Your service, and the prompt call back from your recommended firm was very good. I would not hesitate to call again or recommend your service."
Ian, employment law, Truro, July 15
"The firm were excellent, could not have been better! They are exactly what I need right now."
Linda, criminal defence, Thames Ditton, Jul 15
"Your contact and service was immediate and utmost professional, 10/10."
TF, conveyancing, Dudley, Jun 15
"I appreciate the service that you provide. I found you to be courteous, efficient and reassuring at a time when my confidence in justice is completely negative."
Patrick, litigation, Pontypridd, Jun 15
"I cannot tell you how much I appreciate the speed of which you came back to me in. If anyone else can benefit from your help like I have done, it would make my day."
Gail M, family law, Potters Bar, Jun 15
"Your assistance was extremely helpful. Particularly to someone who in 40 years of business has never experienced this sort of issue."
TD, commercial litigation, Galashiels, Apr 15
"It is difficult to express the value Contact Law has to someone like me who had very little understanding of the law and how to proceed forward with my case. Thank you for the service you provided."
AE, defamation law, Worthing, Apr 15
"Thank you for the efficient service I received. I was contacted by your solicitor on the same day as my request. Your quick response to my situation made me feel secure."
AN, employment law, London, Apr 15
"Your service was excellent, very fast and informative. I never got the impression of being pressurised at all. The solicitor you recommended was also excellent – very knowledgeable and supportive."
JHD, Motoring law, Liverpool, Apr 15
Contact Law supports the endeavours of STAE and commends all the work they are undertaking to assist in the plight of the Asian Elephant

 

We use cookies on the Contact Law site to help us improve it.

If you would like to allow our cookies, please click 'Continue' or carry on browsing. For more information on cookies and how to change your settings, click 'More info'.