Professional Negligence: What You Need to Know
Most people and businesses rely on professionals at some point. Whether it’s a solicitor handling a legal matter, a surveyor inspecting a property, or an engineer working on a design, there’s a basic expectation: they’ll get it right.
But mistakes happen. When a professional’s error leads to financial loss, stress, or significant disruption, the law may allow you to claim compensation. This is where professional negligence claims come in – and where we can help.
At Askews Legal, our Dispute Resolution team specialises in pursuing claims against professionals who fall short of their duties. These cases can be complex, but with the right legal support, you can protect your interests and recover losses.
What is Professional Negligence?
Professional negligence occurs when a qualified individual or firm breaches the duty of care owed to a client, and that breach causes financial or other loss. This isn’t about someone doing a less-than-perfect job – it’s about someone failing to meet the standard expected of a reasonably competent professional in their field.
The duty to exercise reasonable skill and care is usually set out (or implied) in a contract. In some cases, it also arises from tort law – in other words, a legal obligation not to cause harm.
Common targets for claims include:
- Surveyors
- Engineers
- Solicitors
- Accountants
- Architects
- Financial advisers
- Insurance brokers
Each profession has its own standards, codes of conduct, and risks. We tailor our approach accordingly.
Professional negligence claims can arise in a wide range of contexts. Here are a few common scenarios:
Solicitors
Mistakes by solicitors can have long-term consequences. Examples of negligence might include:
- Missing court or limitation deadlines, which can cause an entire claim to fail
- Failing to explain legal documents properly, leaving clients exposed
- Poor handling of property transactions, such as failing to spot title defects or misinterpreting search results
Surveyors
Surveyors are responsible for giving accurate, objective assessments of property condition and value. Their reports guide purchasing decisions, mortgage offers, and long-term investment plans.
Typical examples of negligence include:
- Failing to detect and report serious structural issues
- Providing misleading information about subsidence, damp, or roof damage
- Incorrectly valuing a property, leading to financial loss
Engineers
Engineering work involves technical complexity and safety implications. When something goes wrong, the knock-on effects can be severe and expensive.
Claims often involve:
- Incorrect structural calculations
- Flawed or unclear technical drawings
- Use of unsuitable materials or construction methods
To bring a successful professional negligence claim, you’ll generally need to prove three key elements:
- Duty – The professional owed you a legal duty of care.
- Breach – They breached that duty by failing to meet the expected standard.
- Loss – You suffered a loss directly because of that breach.
We carry out a thorough review of the retainer or engagement terms, the instructions provided, and the advice given or actions taken. Crucially, we look at causation – whether the loss would still have happened even if the professional had acted correctly – as a claim cannot succeed if causation is not satisfied.
Time limits
Professional negligence claims are subject to strict time limits.
In most cases, you have six years from the date the negligent act occurred. If you only discovered the issue later, you may have an additional three years from the date you became aware (or should reasonably have become aware) of the negligence.
This is known as the “date of knowledge” test. But don’t assume you can rely on it – there are complex rules around when knowledge is deemed to arise. Some claims may also fall under longstop provisions that cap claims at 15 years.
If you’re unsure about when time started running, speak to us without delay. Waiting too long could mean you lose the right to bring a claim altogether.
Pre-action protocols
Before issuing court proceedings, most professional negligence claims follow the Pre-Action Protocol for Professional Negligence.
This encourages early resolution by requiring the claimant to send a detailed Letter of Claim and giving the professional a set period to respond. It allows both sides to understand the strengths and weaknesses of the case before court is considered.
For certain professionals – such as architects, engineers and quantity surveyors – the Pre-Action Protocol for Construction and Engineering Disputes (2nd edition) applies instead.
We handle this pre-action stage carefully, as it often sets the tone for the rest of the case. Some claims settle during or shortly after this process, without ever going to trial.
Fees and funding options
We understand legal costs can be a barrier. That’s why we aim to be flexible.
Where appropriate, we may be able to offer a no-win-no-fee agreement (Conditional Fee Agreement), meaning you only pay if your claim succeeds. In other cases, we may be able to explore options such as fixed fees or insurance-backed funding.
We’ll explain the options clearly and agree a strategy that works for you. After all, every case is different. What matters is how the mistake affected you – and whether legal action is the right next step.
Need advice?
If you’ve been let down by a professional and suffered loss as a result, we can help. Our Dispute Resolution team combines legal expertise with a clear, strategic approach.
We’ll review your case, explain your options, and work to recover the compensation you deserve.
