Our dispute resolution team provides guidance on pursuing professional negligence claims against accountants, solicitors, surveyors and other professionals.
This guide offers an overview of the main considerations and procedures involved with professional negligence claims. It is not, however, a substitute for expert legal advice in respect of your own individual situation. If you are currently seeking legal support on this topic then feel free to get in touch with one of our experienced professional negligence solicitors on 0161 969 3131 or by using our contact form.
What is professional negligence?
A professional is someone whose job has involved years of training and requires a formal qualification such as architects, accountants, barristers, engineers, financial advisers, insurance brokers, solicitors, surveyors and tax advisers.
Professionals owe a duty of care to their clients to meet the standards expected of a reasonably competent professional in that particular field of expertise. If they fail to reach the standard and you, as their client, suffer loss as a result, you can claim financial compensation from them for professional negligence.
Most professionals are legally required to have special insurance known as Professional Indemnity Insurance. This removes one of the biggest risks in litigation which is that the opponent has insufficient funds to pay the claim.
What loss can be claimed?
The loss that resulted from the negligent advice or service. This is not always as straightforward as it sounds. Assuming the professional has a duty of care for that particular issue, the failure to reach the required standard must have caused the loss. This causative link between failure and loss can sometimes be very complex in law.
It is sometimes possible to bring a different claim against the professional, such as breach of contract or statutory duty, as well as or instead of professional negligence.
Our professional negligence experts will be able to advise you on which losses may or may not be claimable.
Are there any time limits?
Yes: professional negligence claims should usually be made within 6 years from the date of the failure to meet the required standards. In limited circumstances, the time limit can be 3 years from the date of knowledge of the negligence. Our professional negligence experts can advise you about this in more detail.
Examples of professional negligence
Architects – failure to advise on the need for and/or secure appropriate planning permission for building work.
Accountants – incorrect accounts being prepared; over valuation of company assets.
Surveyor – failure to detect and report on subsidence; incorrect valuations outside a permissible margin of error.
Tax Adviser – failure to consider tax consequences of transactions and corporate restructures; failure to advise on possible tax savings; failure to secure all available tax relief.
How do I make a claim?
- First, exhaust the available complaint procedures. The professional will usually have their own procedure as will their regulatory body such as The Institute of Chartered Accountants in England and Wales, the Legal Ombudsman and the Financial Services Ombudsman.
- Next, follow the professional negligence pre-action protocol or construction and engineering disputes protocol.
- If the above 2 steps do not produce a satisfactory outcome, bring a claim in the County Court or the High Court.
Is court action necessary?
At Slater Heelis, we firmly believe that achieving an effective settlement outside of court is in the best interests of the claimant. It relieves the stress and financial cost involved with lengthy court proceedings.
We are always alive to the need to balance the potential benefit with the potential risks and advise our clients on an ongoing basis about this.
An out-of-court settlement is always our primary goal but, if this is not possible, we are very experienced in pursuing professional negligence claims through the courts.
Contact a Professional Negligence Solicitor
If you believe you have grounds for a claim, it is best to act quickly and seek advice on the merits and likely outcomes. Our professional negligence solicitors are here to help. They will be open with you about your prospects and will be with you each step of the way.
Call them on 0161 969 3131 or fill in our confidential contact form and they will be in touch.