Professional negligence

Professional negligence occurs when a professional fails to carry out his or her duties to the required standard of care; this may result in a claim brought by a client, or, in certain circumstances the professional may be found to owe specific duties to third parties. A claim in professional negligence may be based upon any of the following: (1) a breach of a contract; (2) a breach of a duty of care owed in the tort of negligence; (3) a breach of a fiduciary duty; (4) a breach of a statutory duty.

How do I know if I have a professional negligence claim?

Professionals are required to exercise reasonable skill and care when acting on any matter. Occasionally the work carried out by the professional falls below the standard that is reasonably expected and as a result of the poor level of service an individual may suffer a financial loss. In order to bring a successful professional negligence claim you will need to demonstrate the following: (1) you were owed a duty of care by the professional; (2) the professional breached that duty; and (3) the breach of duty by the professional has caused you to suffer a direct financial loss.

We specialise in claims against the following professionals:

Other professionals

In addition to the professions listed above, there are many other professionals, who, if their service falls below the required standard of care, may cause loss to their clients. A number of professionals are facing an increasing number of claims in the event that they are negligent.

These include:

  • LEAs;
  • Trade unions;
  • Advertising and media consultants;
  • Expert witnesses;
  • Insurance brokers;
  • Estate agents;
  • IT consultants;

Following the decision of Jones v Kaney, expert witnesses can now be held liable if, due to their negligence, a case fails at trial.

Our lawyers are experienced in successfully bringing claims against many different professions. If you feel that a professional has been negligent, contact us today so we can advise you on whether you have a claim and whether we can help you to recover any losses you may have suffered.

Bringing a professional negligence claim

Professional negligence is a very complex area of law and it is essential to follow a specific set of rules (including the “Professional Negligence Pre-Action Protocol”) in order to bring a successful claim. In addition, there are strict limitation periods within which your claim in the courts must be started (for more detail see below). It is therefore advisable to obtain early legal advice to avoid the pitfalls of bringing a claim.

Our specialist team of professional negligence lawyers have experience to advise you on the merits of your potential claim and help you to recover your losses. We will guide you through the process of bringing a claim against your professional advisor. If you believe that you have suffered a loss due to your professional advisor’s negligence then contact us today and our team will be able to discuss your options with you.

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