Professional negligence claims: Understanding your rights

Professional negligence claims can have significant consequences for individuals and businesses alike. Understanding your rights when pursuing or defending a professional negligence claim is crucial. For expert advice, contact our Litigation & Dispute Resolution department.

What are professional negligence claims?

Professional negligence claims arise when a professional fails to perform their duties to the required standard, resulting in loss or damage. Common examples include:

• Financial adviser mistakes causing investment loss.
• Solicitor or legal adviser errors leading to financial loss.
• Architect or engineer errors causing construction issues.
• Accountant or tax adviser mistakes leading to penalties.
• Medical negligence resulting in personal injury or harm.

These claims are designed to protect individuals and businesses from losses caused by professionals who fail to meet their legal or contractual obligations.

Legal context in England and Wales

In England and Wales, professional negligence claims are governed by common law principles, primarily focusing on breach of duty and causation. Key elements include:

• Establishing the existence of a duty of care.
• Proving a breach of that duty.
• Showing that the breach caused measurable loss.
• Limitation periods under the Limitation Act 1980, usually limiting claims to six years starting from the date that the negligence occurred or was suffered, or three years from the date of knowledge or the date the claimant ought to have discovered the negligence.

Understanding these principles ensures that your claim has a strong legal foundation.

Steps to take if you suspect professional negligence

Early action is vital in professional negligence claims. Recommended steps include:

• Gathering all relevant documents and evidence.
• Seeking independent professional advice to assess the claim.
• Engaging a solicitor specialising in professional negligence claims.
• Considering alternative dispute resolution before litigation.
• Filing a claim within the statutory limitation period.

Case scenario

A small business suffered financial losses after relying on an accountant who mismanaged tax filings. The business pursued a professional negligence claim, proving that the accountant breached their duty of care and caused measurable financial harm. The case was settled through negotiation, providing compensation without going to court.

Expert insights

• Document all professional advice received to strengthen a claim.
• Act promptly to avoid limitation period issues.
• Consider mediation or negotiation to resolve disputes efficiently.
• Understand that proving causation is often the most complex aspect of a claim.

Our specialist Litigation & Dispute Resolution team are vastly experienced in supporting clients through all types of dispute, including professional negligence.

Our aim is to give you the perspective you need to make informed decisions about how to move forward. We are happy to have an initial phone discussion, without obligation on you, to ascertain how best we can assist. We offer initial consultations to new clients, providing face-to-face or virtual meeting advice, followed up in writing.

Contact us for more information.

Benefits and challenges of professional negligence claims

• Benefits:
  • Recover financial losses.
  • Hold professionals accountable.
  • Prevent similar mistakes in the future.
• Challenges:
  • Legal costs can be significant.
  • Complex evidence requirements.
  • Time-consuming litigation.

FAQs

What are professional negligence claims?

Professional negligence claims occur when a professional fails to perform their duties to the required standard, resulting in loss or damage to a client or business.

Who can be sued for professional negligence?

Any professional who owes a duty of care can potentially be liable, including solicitors, accountants, medical professionals, engineers, and architects.

What must be proven in a professional negligence claim?

To succeed in a professional negligence claim, the claimant must prove:

1. The existence of a duty of care.
2. A breach of that duty.
3. That the breach caused measurable loss.
4. Timely filing within the limitation period.

How long do I have to bring a professional negligence claim?

Under the Limitation Act 1980, most professional negligence claims in England and Wales must be filed within three years from the date you became aware of the negligence.

Can professional negligence claims be resolved without court?

Yes, many claims are resolved through negotiation or mediation, which can save time and legal costs while still providing compensation for losses.

This article was produced on the 10th November 2025 for information purposes only and should not be construed or relied upon as specific legal advice.