Professional negligence arises when a qualified professional fails to meet the standard of a reasonably competent member of their profession and, as a result, causes financial loss. Claims require proof of the duty owed, the breach of that duty and the loss that flowed from it, all within the applicable time limits.
All professionals, whether lawyers, accountants, engineers, architects, surveyors, financial advisers, stockbrokers, doctors, dentists, electricians, plumbers or building contractors, owe a duty to carry out their work with reasonable skill and care. Where they fall short and the client or another person to whom a duty is owed suffers loss, a claim for damages may follow.
The claimant must also show that the statutory time limits for bringing a claim have not expired. In most cases a claim must be brought within six years of the negligent act, or within three years of the date on which the claimant first knew, or could reasonably have known, the essential facts, subject to an overall long-stop of fifteen years. Time limits can be complex and it is important to take advice early.
How we help
- Assessing the merits and value of a potential claim, including obtaining an independent expert’s view where needed
- Following the Professional Negligence Pre-Action Protocol, including the letter of claim and the professional’s response
- Negotiation and mediation with the professional and their insurers
- Issuing and pursuing proceedings where a settlement cannot be achieved
- Defending professionals and their insurers against claims
Clive Hyer, who leads the department, has acted in reported cases concerning solicitors’ costs and professional duties, and acts for both claimants and professionals.