Professional Negligence Solicitors

Professional negligence occurs when a professional providing services breaches their duty of care to a client by falling below the standard reasonably expected of a competent professional in that field, causing the client to suffer financial loss. To succeed in a claim, you must prove the professional owed you a duty of care, breached that duty by falling below reasonable professional standards, the breach caused you loss, and that loss is quantifiable in monetary terms. Expert evidence from other professionals usually establishes whether conduct fell below acceptable standards.

Professional negligence claims must usually be brought within six years of the breach occurring, or three years from when you discovered or should have discovered the negligence if later. This limitation period is strict and claims issued after it expires are usually dismissed. Some professional negligence involves latent damage not discovered for years. Special rules apply to building-related professional negligence claims. We recommend seeking advice as soon as you suspect negligence rather than waiting until limitation approaches, as investigating and preparing claims takes time.

You can recover direct financial losses caused by the negligence. In property cases, this is usually the difference between what you paid and what the property was actually worth, or costs of remedying defects the surveyor missed. For solicitors’ negligence, losses depend on what happened. If a solicitor missed a limitation deadline, you lose the value of the underlying claim. For conveyancing errors, you may recover property value differences or costs of correcting defects. You can also recover interest and legal costs if you win.

Yes, almost all professional negligence claims require expert evidence from another professional in the same field. The expert provides a report stating whether the defendant’s conduct fell below reasonable professional standards and whether that caused your loss. Courts require expert evidence because judges aren’t experts in professional standards themselves. We appoint appropriate experts with relevant expertise and experience. Expert evidence is expensive but essential for professional negligence claims. Without supportive expert evidence, claims usually fail.

Most professionals must hold professional indemnity insurance covering negligence claims. Solicitors, surveyors, accountants, and financial advisers all face compulsory insurance requirements. Claims are usually pursued against their insurers rather than the individuals personally. If a professional has ceased trading or their insurance doesn’t cover your claim, recovery may be difficult. The Solicitors Regulation Authority operates a compensation fund for solicitors’ dishonesty but not ordinary negligence. We check insurance position before advising whether to pursue claims.

Professional negligence claims are expensive because they require expert evidence, detailed investigation, and often substantial court proceedings. Our hourly rates depend on fee earner seniority and the complexity of your case. Contact us for details. Expert fees vary depending on the specialism and complexity of your case. If you win, you usually recover most but not all legal costs from the defendant. We provide detailed cost estimates and discuss funding options before you appoint us.

Complaining to professional regulatory bodies like the Solicitors Regulation Authority, RICS, or accountancy bodies can be helpful but won’t get you compensation. These bodies investigate professional conduct and can discipline members, but don’t award financial compensation. You need civil court proceedings to recover financial losses. However, regulatory investigations can provide useful evidence for civil claims. You can pursue complaints and court claims simultaneously. Time limits for civil claims are strict, so don’t delay court action while waiting for regulatory investigations to conclude.