Professional negligence, as the name suggests, is a term used for a range of claims brought against professionals based on the premise that the professional in question failed to act to the required standard, with the failure resulting in the client suffering a loss.
Examples of professional negligence claims include actions against solicitors, accountants or surveyors, although that list is far from exhaustive; professional negligence claims may be pursued against any professional who purports to have particular expertise in an area and whose conduct then falls below the expected standard.
To bring a successful claim for professional negligence, there are certain established legal principles that need to be satisfied:
A duty of care is an obligation placed on a professional not to cause harm to a client. A duty of care can be established through a contractual relationship (such as a solicitor’s client care letter), or a duty can be imposed by the operation of law where, for example, a professional has assumed a responsibility towards a client and the client has relied upon this.
Once a duty of care is established, it is necessary to show that the duty has been breached by the professional. Broadly speaking, the appropriate test is whether the professional acted in a way that no reasonable member of the same profession would act.
Even though the professional’s conduct may have fallen well below the expected standard, it is necessary to show that the failure actually caused the loss that was suffered. This involves questioning whether, “but for” the actions of the professional, would the client have suffered the loss?
The second aspect of causation is ‘remoteness’, that is whether the type of loss suffered by the client is foreseeable to the extent that the parties could reasonably expect the loss to arise from the alleged breach.
If the loss would have been suffered regardless of the professional’s conduct, or the loss is too remote, then a claim will not succeed.
Here are some additional points to consider when dealing with professional negligence:
Understanding your rights and the potential recourse available is vital if you think a professional’s negligence has caused you harm. While pursuing a professional negligence claim can be complex, seeking legal advice early can help you navigate the process and ensure your rights are protected.
“I am really happy with and grateful for the service Stephen have rendered, which I think has been of high quality. Stephen's advice and insights have always been clear and with my best interests in mind. There are very few professionals I have worked with in either my business or personal life who have been as consistent as Stephen has at doing what he promised, at the time he promised it.”
Restrictive covenants are commonly included in employment contracts to protect an employer’s legitimate business interests, such as confidential...
When buying a property in the UK, one of the most important documents you will receive from the seller is the Seller’s Property Information Form...
Recruitment agencies play a vital role in the hiring process, connecting employers with job seekers and facilitating recruiting the right people for a...
As a client of a professional, such as a solicitor, accountant, or surveyor, you expect them to provide you with a certain level of service and expert...
There are many risks involved when purchasing ‘goods’; that is why legislation has been put in place to assist in providing protection to consumer...
We rely on the opinions of professionals to help us make important decisions about, for example, our legal and financial affairs. This work can be ext...
The process of pursuing civil litigation sounds simple enough. When a dispute arises you set out a claim against your opponent and detail the resoluti...
Litigation is the principal means by which parties in England and Wales attempt to resolve civil disputes. The process is governed by the Civil Proced...
Not without reason do civil litigation proceedings have a reputation for being both lengthy and potentially costly. Therefore, it’s important to h...
Despite best efforts to ensure that your business is compliant with IR35 legislation, HMRC may still open an investigation. If you receive notificat...
