A-brief-guide-to-professional-negligence-claims_Layout-1.pdf...

A brief guide to
professional negligence
claims

Contents
Introduction
Do I have a claim?
Important considerations
Pre-action protocol procedure
Court proceedings
Contact information
Introduction
Claims against professionals, such as accountants,
financial advisers, solicitors, surveyors and architects,
have become more common in recent years. This is due
to a combination of factors including an increasing
reliance upon professional advice, the complexity of
work carried out, and a raised awareness of legal rights.
In addition, in times of economic downturn, losses
suffered are often more apparent.
Professional negligence claims can be complex and it is
important to seek advice from specialist solicitors who
are experienced in dealing with this type of claim. This
guide is intended to be a brief overview of some of the
important considerations and procedures when
embarking upon a professional negligence claim. It is
not a substitute for legal advice. If you would like to have
a free no obligation discussion with a solicitor
experienced in professional negligence claims, please
contact us using the details below.
Russell Simpson
Partner
T +44
(
0
)
1892 506 139
E [email protected]

Do I have a claim?
A successful claimant will need to demonstrate that he
or she was owed a duty of care by the defendant
professional, the professional breached the duty of care,
and the breach caused a loss to the claimant.
Duty of care
A professional may owe various duties to the claimant.
Sometimes this will be obvious, for example where
there is a written retainer or agreement between a
professional and a client. However, there does not
always need to be a written agreement and a
professional holding himself or herself out to have
particular expertise and advising the client may be
assuming duties towards the client.
Usually, but not always, a claimant will be the person
who has instructed the professional, although in some
circumstances (such as a solicitor preparing a Will) the
professional can owe duties to a third party.
Breach of duty
A professional who gives advice which later turns out to
be wrong is not necessarily negligent. The claimant will
need to demonstrate that the professional fell below the
standards of a reasonably competent professional,
having regard to the standards normally expected in his
profession.
For example, a solicitor holding himself out to be a
specialist conveyancing solicitor is required to comply
with the standards expected of a reasonably competent
conveyancing solicitor. The particular experience of the
professional, who may be a newly qualified solicitor or a
senior partner, does not affect this standard.
If there is a difference of opinion within the profession as
to the correct practice, the professional will be able to
demonstrate that he has not breached the duty of care if
he can show that he acted in a way which was regarded
as proper by a reasonable body of professional opinion.