Professional Negligence arises when a professional fails to meet the expected standard of care in their profession, resulting in loss or harm to their client. Below, we look into the essentials of Professional Negligence claims, including who can be sued, the steps to prove a claim, and the options for resolution.
Who Can Be Sued for Professional Negligence?
Any professional providing specialised skills or expertise can be held accountable if they fail to perform their duties to the required standard. This includes:
- Lawyers (solicitors, barristers, licensed conveyancers)
- Surveyors
- Architects
- Builders
- Accountants
- Financial advisers
And more. For example, imagine you hired an architect to design your dream home, only to discover there are structural flaws due to poor planning. At this point, a Professional Negligence claim may be made.
How Can I Prove a Professional Negligence Claim?
To succeed in a Professional Negligence claim, the claimant must prove three critical elements:
- Duty of Care: The professional owed the claimant a duty of care, and the scope of that duty must be clearly established.
- Breach of Duty: The professional failed to meet the expected standard of care, constituting negligence and/or a breach of contract.
- Causation and Loss: The breach directly caused a quantifiable loss. Simply experiencing a loss is insufficient—it must be demonstrably linked to the professional’s breach of duty.
What Is the Pre-Action Protocol?
Professional Negligence claims must adhere to the Professional Negligence Pre-Action Protocol, as outlined in the Civil Procedure Rules (CPR). This protocol:
- Encourages early exchange of information between parties.
- Promotes settlement without Court involvement.
- Sets clear timelines for communication and resolution attempts.
- Warns of adverse cost consequences for non-compliance, even for successful parties.
If the parties cannot reach a settlement, they can initiate court proceedings to have the claim determined by a judge. We know Professional Negligence claims can be daunting, that’s why we are here to help.
Time Limits for Claims
Under the Limitation Act 1980, claims must generally be filed:
- Within six years of the cause of action or breach of contract.
- Alternatively, claimants have up to three years from the date they become aware of the material facts to take action, with a deadline of 15 years as a longstop.
To avoid a claim being statute-barred, seek legal advice promptly. It’s easy to lose track of time, but it is crucial to act fast.
Professional Negligence Examples
- Solicitors: Failing to execute wills properly, giving incorrect advice, or missing Court deadlines.
- Barristers: Poor case preparation, incorrect legal advice, or missing deadlines.
- Financial Advisers: Providing unsuitable investment advice or failing to assess risk accurately.
- Surveyors: Over-valuing properties or overlooking structural defects.
- Architects: Neglecting to design projects correctly or failing to supervise construction work.
- Builders: Not adhering to design plans or building regulations or failing to work with due care and skill.
- Conveyancers: Overlooking title issues or failing to identify planning concerns.
Alternative Dispute Resolution (ADR)
Parties are encouraged to consider ADR before resorting to court proceedings. ADR offers:
- Flexible and cost-effective solutions compared to a Court trial.
- Various methods, including mediation, arbitration, adjudication, or settlement meetings.
- Confidential, “without prejudice” discussions, enabling parties to explore settlement options freely.
While ADR aims to resolve disputes amicably, unresolved matters can still proceed to Court.
At Thomas Harvey Solicitors we can help with all elements of the legal process whether that be advice, ADR or Court proceedings.
Professional Negligence claims are complex and require careful navigation of legal protocols and deadlines. Early legal advice is crucial to building a strong case and maximising the chances of a successful outcome. Whether you are a claimant or a professional defending against a claim, understanding the process and potential resolutions is vital for protecting your interests.
If you think you may have a Professional Negligence claim and need legal assistance, call us on 0333 004 0272 or fill out our contact form here.
