Our Professional Negligence Solicitors Promise

Professional negligence occurs when a professional fails to perform their responsibilities to a required standard in their field. The term professional can be ambiguous, but generally this term is applied to solicitors, surveyors, accountants and anyone else who is required to go through rigorous training or can be considered an expert in their field.

The limitation period for claims of professional negligence is six years.

Some examples of professional negligence are as follows:

• A solicitor who failed to draft a will properly.
• An accountant who didn’t advise on tax relief when it was available.
• A surveyor who fails to spot glaringly obvious issues with a property.
• An estate agent who overvalues or undervalues a property causing loss

Tradespeople such as builders don’t immediately spring to mind as professionals, however if they fail to carry out their trade correctly, they can still face claims for professional negligence. Normally, it’s accepted that if a person is regulated, or there is an ombudsman covering their area of expertise, it’s likely you can bring a claim for professional negligence. 

To make a claim for professional negligence you’ll need to satisfy each of the elements:

1. Duty of care – You entered into a contract (which does not necessarily need to be in writing) that meant you were owed a duty of care. A duty of care is a moral or legal obligation to ensure the safety or well-being of others.

2. Breach of duty – The professional didn’t conduct a service to the best of their ability. Additionally, you may have a breach of duty claim if the professional’s assistance didn’t reach a reasonable level for someone in their position. 

3. Loss suffered – You have suffered loss as a result of the professional’s negligent actions. The loss may be financial, health etc.

Usually, a professional negligence claim takes about 12 months for a claim to reach trial after court proceedings. However, this time is entirely dependent on the value and severity of the case.

We are currently unable to offer legal aid in any capacity as we lack the necessary legal aid certificate. We also don’t offer pro bono property law work at present.