Professional Negligence Claims

What is professional negligence?

Professional negligence is defined as;

“When your professional advisor is negligent, and you lost out as a result…”

Under the Supply of Goods Act 1982, a professional should carry out a service with a reasonable level of care and attention. A contract doesn’t need a specific clause to state what the expected standard of work should be.

If a professional person or company provides inadequate or incorrect advice, it can result in;

• Financial losses
• Physical damage, or;
• Personal injury

Examples of professional negligence

There are lots of situations where professional negligence can take place.

For example:

• A solicitor – under settling on a personal injury compensation claim
• An accountant – providing incorrect tax advice
• A surveyor – not identifying defects and overvaluing or undervaluing a property
• A financial advisor – giving poor advice around high-risk investments
• A personal trainer – not asking about previous injuries resulting in a client getting re-injured during a training session

You can also make a claim against builders, engineers, insurance brokers, IT professionals. The list is extensive.

Am I eligible to make a professional negligence claim?

If you have been let down by a professional, it can be difficult to know whether you have grounds to make a claim.

For a claim to be successful, you need to meet the professional negligence “test” and prove the following;

Duty of care

You must be able to prove that the professional you hired owed you a duty of care.

A written engagement or retainer letter and/or contract will provide evidence of this. In the absence of this paperwork, their conduct could imply a duty of care.

Breach of duty

You must also be able to prove that the professional you hired breached this duty of care.

To do this, you will need to show that the product(s) or service(s) provided fell below the standards of;

1. A competent professional
2. In their field of expertise

Loss/causation

Once you have proved that you were owed a duty of care and that duty of care was breached, you must then prove that you suffered as a result. This could be financial or physical.

This is ‘causation’.

In some cases, you may have a claim for;

• Breach of contract
• Breach of statutory duty
• Misrepresentation and/or
• Fraud

as well as professional negligence.

How much can I claim for professional negligence?

This depends on the case.

The purpose of compensation is to put you back in the position you would have been if it wasn’t for the professional’s negligence.

The losses or damages you suffered must have been;

1. A direct result of professional negligence, and
2. Reasonably foreseeable

For example, if you received a fine because your accountant didn’t submit your tax return in time, you’d be entitled to claim the sum of the fine.

Other cases are more complicated, and you could claim the value of a missed opportunity.

The other side might argue that you caused, or at least contributed to the losses. If the other side can prove ‘contributory negligence’, a court can reduce the amount of compensation to reflect your level of responsibility.

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

The limitation period for most professional negligence claims is six years.

However, if it becomes clear later that negligence was the cause of your losses, this could be extended. In this case, the limitation period is three years from the date you became aware.

Regardless of time periods, you should start your claim as soon as possible. This will make gathering evidence easier.

Why choose Rothera Bray?

Our professional negligence solicitors have vast experience, representing both business and individuals. We have made claims across a range of industries.

We can help you assess the advice you received and the resulting consequences.