When we seek advice from a professional, we place a significant amount of trust in their expertise. All professionals, whether they are solicitors, accountants, or architects, are bound by a duty of care to demonstrate reasonable skill in their specialist field.
But what happens when this standard is not met?
Professional negligence occurs when a qualified professional fails to perform their responsibilities to the expected standard, or provides advice that is substandard, causing the client to suffer a loss.
If you have received improper advice or substandard service and have lost out financially as a result, you may be able to make a professional negligence claim.
This article explains the legal test for negligence, provides common examples, and outlines the steps you should take if you believe you have a claim
How Do I Know if I Have a Claim? The Legal Test
This is the most critical question, and one a specialist solicitor must ultimately assess. For a professional negligence claim to be successful, you must be able to prove three specific elements:
- A Duty of Care was Owed: You must show that the professional owed you a legal duty of care. In most cases, this is straightforward and is established by the contract or retainer (letter of engagement) you signed when you instructed them.
- The Duty of Care was Breached: This is the main hurdle. You must prove that the professional’s performance fell below the standard of a reasonably competent professional in that same field.
- The Breach Caused a Loss: You must demonstrate that but for the professional’s breach, you would not have suffered the loss. The loss must be a direct, quantifiable financial consequence of their negligent actions or advice.
Our guide on what you need to make a professional negligence claim explores these three elements in more detail.
A “Simple Mistake” vs. True Negligence
It is important to understand that just making a mistake does not automatically constitute negligence. A professional is not expected to be perfect. They may make an error of judgment, or choose one acceptable course of action over another.
Negligence is where the professional’s conduct has fallen below the adequate standard you would expect of any competent professional in their position. This is why the damaging effects of unqualified legal services can be so severe, as unregulated individuals are not held to the same high standards
Examples of Professional Negligence
Disputes can arise in a variety of situations when dealing with all manner of sectors. Theoretically, it is possible to bring a claim against any professional, including:
- Solicitors: For missing a litigation deadline, failing to advise correctly on a contract, or drafting a defective document. A prime example is the preparation of negligently drafted wills, which can lead to complex will disputes and contentious probate cases.
- Conveyancers: For failing to identify or report on significant issues with a property title or searches. A costly example is the compensation for a couple after their conveyancer failed to find a wind farm nearby.
- Accountants & Financial Advisors: For providing incorrect tax advice, mismanaging investment portfolios, or failing to identify fraud during an audit.
- Architects & Surveyors: For failing to spot significant structural defects, producing inaccurate valuations, or designing a building that breaches regulations.
- Engineers: For making critical errors in structural calculations or project management.
A Note on Gross Negligence
You may also hear the term “gross negligence.” In UK civil law, this is not a separate type of claim. Instead, it refers to the severity of the breach. It is a failure that is “flagrant” or “reckless,” far worse than a simple failure of competence.
This distinction is most important in contractual disputes, where a professional may try to rely on an exclusion clause to avoid liability for “negligence.” Often, these clauses will not protect them from liability for “gross negligence.”
The Claims Process and Time Limits
Act Quickly: Time Limits Apply
Certain strict time limits apply when bringing a claim against a professional (known as the “limitation period”). For this reason, it is vital to contact a solicitor as soon as you become aware of a potential issue.
Our solicitors can advise you specifically on the time limits that apply to your case, but the key is to always seek early advice during a dispute.
The Pre-Action Protocol
It is not always necessary that your claim goes to court. In fact, most claims are settled out of court. A strict procedure and protocol (the “Pre-Action Protocol for Professional Negligence”) is followed, which requires the parties to exchange information and correspondence in an attempt to settle the matter.
If no settlement can be reached through this process, then court proceedings would need to be issued
Contact the Professional Negligence Team at Gorvins
If you feel you have been on the wrong end of professional negligence and have suffered a financial loss, give our team a call.
Our Dispute Resolution solicitors are experienced, highly personable, and specialists in their field. They will be able to give you an honest assessment of your claim and advise on the best way to resolve it.
Fill in our online contact form or phone us now on 0161 930 5151.