Professional negligence

Professional negligence claims involve the fundamental elements of tort (civil wrong) law.

There has to be a duty of care, breach of that duty and also damage caused by the breach.

The type of professional can include:

  • Solicitors

  • Barristers

  • Accountants

  • Surveyors

  • Financial Advisors

  • Architects

Any professional has to exercise reasonable skill and care when doing what it is you have asked them to do.  This is similar to a duty owed by the professional in any contract you have with them, so often there can be some overlap between tort and contract law.

It is difficult to give a range of examples of what might count as professional negligence, but these might include a failure to advise appropriately on what ways you could minimise your tax liabilities, or even advice that leads to you breaking the law and results in a criminal conviction or a fine.

The most common types of professional negligence claim we see are those against solicitors, usually when they have made a mistake in an injury or medical negligence claim.

The normal process is to take details of what went wrong, what the professional was instructed to do and why you think a mistake was made.

After that the professional’s papers or documents have to be obtained and then reviewed.  If it appears appropriate to continue, an expert in the same field as the professional will have to provide their opinion if there has (or has not) been a mistake.

It is best to contact us for a free initial chat so we can consider if a claim exists that we can help you with.

Call us on 01270 509800 or 01353 865 333.  If you would prefer us to call you, complete our online enquiry form.

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