What is Professional Negligence?

Author Sebina Noreen Malik, Consultant Solicitor, Alexander James Solicitors (UK)

1. Professional Negligence

Professional negligence occurs when a qualified professional fails to meet the standard of care expected in their profession, causing their client, (an individual or a business) to suffer loss or damage. The client may be entitled to redress / compensation for a financial loss or misconduct, for example:

a. Solicitor negligence in handling legal proceedings or conveyancing.

b. Surveyor errors in property valuations or inspections.

c. Accountant mistakes in tax or financial reporting.

d. Barrister advice falling below acceptable standards.

2. Proving Professional Negligence

To bring a successful claim for professional negligence, you must establish the following:

a. Duty of Care

The professional owed a duty of care to the client;

b. Breach of Duty

The professional failed to act in accordance with that duty of care; and

c. Loss caused by the Breach

The client suffered a loss as a direct result of the breach.

The burden of proof is with the client and the client must demonstrate that it is more likely than not that negligence occurred and caused the loss.

3. Can I Claim If the Professional Is No Longer in Business?

If the negligent firm / business is no longer trading or is dissolved, it is possible to make a claim for compensation against the professional's indemnity insurance provider (professional indemnity insurer).

4. Procedure

a. Initial case review

Contact me for a free initial consultation to assess whether you have grounds for a claim.

b. Pre-Action Protocol

We'll prepare and send a Letter of Claim in line with the Professional Negligence Pre-Action Protocol, giving the defendant an opportunity to respond. If the claim is straightforward, it could be resolved within around 6 to 12 months (dependent upon the complexity of the claim).

c. Barrister’s Advice & Court Proceedings

If the claim cannot be resolved early, the next step will be to instruct a barrister to provide a written advice. Where the prospects of success are is 60% or more, we can issue court proceedings. A Claim Form and Particulars of Claim will be issued in the court, together with the appropriate court fee.

d. Mitigating Your Loss

You are expected to take all reasonable steps to mitigate your losses. Failing to do so may reduce the compensation you receive.

5. Time limits to bring a claim

a. Strict limitation periods apply and you have 6 years from the date the negligence occurred to bring a claim.

b. In certain circumstances, a further 3 years from the date you became aware (date of knowledge), or should have become aware of the negligence.

6. Cost

The cost of progressing a claim will vary depending upon factors such as, but not limited to:

a. The complexity of the claim;

b. The volume of documents and evidence;

c. Whether expert opinions are required; and

d. The conduct of the defendant.

In appropriate cases, alternative funding arrangements can be considered on a 'No Win, No Fee' (Conditional Fee Arrangement) basis.

7. Book a Free Initial Consultation

To discuss your Professional Negligence claim contact me to book a free 30-minute initial consultation:

sebina.noreen@ajamessolicitors.co.uk

.