Disputes
Professional Negligence Disputes
When you rely on a professional and their mistake costs you money, you may be able to recover your loss. These claims are technical, so early guidance matters.
What is professional negligence?
Professionals such as solicitors, accountants, surveyors, architects, financial advisers and engineers must carry out their work with reasonable skill and care. If they fall below the standard expected of a reasonably competent member of their profession, and this causes you a financial loss, you may have a claim.
To succeed, it usually needs to be shown that the professional owed you a duty of care, that they breached it, and that the breach caused a loss that can be quantified. Expert evidence from another member of the same profession is often needed.
Most professionals are required by their regulators to hold professional indemnity insurance, so a successful claim is normally paid by their insurer.
Common situations
- A surveyor failed to identify a significant defect in a property you bought
- An accountant’s error led to tax penalties or lost tax reliefs
- A solicitor missed a deadline or made a mistake in a transaction or claim
- A financial adviser recommended an unsuitable investment or pension transfer
- An architect or engineer made a design error that caused extra costs
- A valuer significantly over- or under-valued an asset
Your options and next steps
A dedicated pre-action protocol applies to most professional negligence claims. It sets out what information the claimant should send in a letter of claim and how the professional should respond, with time for investigation and settlement discussions.
Some complaints about professionals can also be taken to an ombudsman or regulator. For example, complaints about financial advice may be considered by the Financial Ombudsman Service, and service complaints about solicitors by the Legal Ombudsman. These routes have their own rules and limits.
We can help you consider whether a court claim, an ombudsman complaint or a negotiated settlement is the most suitable route for your circumstances.
Documents and evidence that may help
You do not need to have everything before you contact us, but the following can help us understand your situation more quickly:
- The engagement letter or terms of business with the professional
- The advice, report or work product you received
- Correspondence with the professional
- Documents showing the loss you have suffered
- Any complaint you have made and the response
- Dates showing when you first became aware of the problem
How we assess your enquiry
- Tell us what happened. Use the enquiry form, call or email with a short summary.
- We review the details. We may ask a few questions or request key documents.
- We explain your options. Including whether your matter is one we can help with.
- You decide. Nothing goes further until you have agreed the scope of any work and any fees, confirmed in writing.
Frequently asked questions
How long do I have to make a claim?
Usually six years from the date of the negligent act. Where the loss was not discovered until later, a further three years from the date of knowledge may be available, subject to an overall long-stop of fifteen years. These rules are complex, so seek advice early.
Do I need to complain to the professional first?
Many professionals have a complaints procedure, and using it can be helpful. It is not always required before a claim, but you should keep time limits in mind.
What if the professional has retired or the firm has closed?
A claim may still be possible, as professional indemnity insurance often includes run-off cover after a firm closes.
Will I need an expert?
In most professional negligence claims, yes. An independent expert from the same profession usually needs to comment on whether the work fell below an acceptable standard.
Please note: this page gives general information based on the law of England and Wales. Different rules can apply in Scotland and Northern Ireland. It is not legal advice and should not be relied on for your particular situation. Every matter depends on its own facts, and no outcome or level of compensation can be guaranteed.
Free initial consultation
Tell us briefly what has happened and we will explain your possible next steps.
Time limits are technical
Professional negligence claims have complex time limits. If you suspect a problem, seek advice promptly.
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Talk to us about your situation
A free initial consultation gives you the chance to explain what has happened and understand your options, with no obligation to go further.
