Professional Negligence

Lawyers, Accountants, Surveyors, engineers and other professionals have a duty to take proper care when providing services to their clients.      If a reasonable degree of skill and care is not exercised and as a result financial loss is suffered it may be possible to pursue a claim against the professional.      All professional negligence claims require thorough investigation which can be a time consuming process as all relevant facts have to be considered in order to determine whether the potential claim enjoys reasonable prospects of success.  

How do I claim?

A claim usually exists both in negligence and/or breach of contract.       The two are often combined.    

What do I have to prove?

• Negligence

You must be able to prove that the service received from the professional was negligent.     Not every failure or error made will be negligent.       If the service provided by the professional falls below the reasonable standard expected of a member of that profession there may be negligence.  

• Connection between negligence and loss

If you are able to establish that the service received was not of a reasonable standard you must also be able to show that this caused or contributed to the loss you suffered.   

If there is no loss then there is no entitlement to compensation.   

• The extent of the loss suffered

You can only receive compensation for losses that arise directly from the negligent service provided.     Professional evidence is usually required to prove the extent of such losses.     For example, if the negligent advice relates to a property matter evidence from a valuer may be required to provide evidence on the loss of profit involved.     

• What may compensation include?

Compensation is based upon the loss suffered and not the degree of negligence involved.     Compensation might include :-

• existing financial loss arising out of the negligence
• future financial loss
• interest
• the cost of professional services incurred as a result of the negligence
• legal costs
• Are there time limits involved in pursuing such a claim?

Usually claims must be lodged within three or six years from the date of the alleged negligence.     If the time limit expires the right to pursue a claim will be lost save in exceptional circumstances. 

• Complaint?

Not every complaint about the service provided by a professional will involve negligence.     Although you may be dissatisfied with the service provided by the professional or the costs involved most such complaints will not give rise to a claim for professional  negligence.  Most professionals, however, will have a complaints handling process and any such dissatisfaction should be addressed in that manner.   

•  Can we assist?

If you believe you may have a claim for professional negligence Hodge Halsall recommend that you seek immediate legal advice to protect your position.    Our team of commercial litigation lawyers will work with you to thoroughly assess the circumstances of your claim and advise you frankly of the legal options and avenues available to you.     If you would like more information about how we may be able to assist please contact us either by email or by calling on 01704 531991 markrobinson@hhlegal.co.uk / judithbond@hhlegal.co.uk