Professional Negligence Solicitors
If a professional has given you poor advice or fallen below the standard you were entitled to expect, causing you loss, our solicitors, with over 18 years of experience in professional negligence claims in England and Wales, can help.
Professional negligence in England and Wales arises where a person acting in a professional capacity falls below the standard of a reasonably competent member of their profession, causing loss to a client who relied on their services. A claim may be brought in contract, tort, or both. The professional standard of care is assessed by reference to what a competent professional in that field would have done; a professional need not achieve the best possible outcome, but must act with reasonable skill and care. Claims can arise in relation to surveyors, valuers, architects, engineers, financial advisers, accountants, tax advisers, insurance brokers, and other professionals whose services are engaged on a commercial or advisory basis.
Law Lane Solicitors acts for clients who have suffered financial loss as a result of professional negligence from our offices in Stratford, High Holborn, and Croydon. Founded in 2015, we are regulated by the Solicitors Regulation Authority. Our reviews average 4.95 out of 5 based on over 1,200 reviews. Our general professional negligence service sits within the Dispute Resolution practice area, and we also run a specialist service for claims against legal professionals, accountants, and insurance brokers within our business disputes offering.
What does our professional negligence service cover?
Professional negligence claims require early investigation of the professional’s conduct, the applicable standard of care, and the causal link between the breach and the loss suffered. Our team advises and acts on the following matters:
- Surveyor and valuer negligence, including claims arising from a negligent survey or valuation on a property purchase, where the client paid too much or incurred unforeseen repair costs as a result.
- Architect and engineer negligence, including claims where design defects or failures of supervision during construction have resulted in a defective building or cost overrun.
- Financial adviser negligence, including claims arising from unsuitable investment advice or a failure to recommend appropriate products, which have caused financial loss.
- Accountant and tax adviser negligence, including claims arising from errors in accounts preparation, incorrect tax advice, or a failure to advise on available reliefs or obligations.
- Insurance broker negligence, including claims where a broker placed inadequate cover or failed to arrange the cover the client instructed, leaving the client uninsured for a loss.
- Negligent valuations, where reliance on an overvalued or undervalued asset has caused demonstrable financial loss.
- Pre-action investigation and Letter of Claim, complying with the Pre-Action Protocol for Professional Negligence, which requires a detailed Letter of Claim setting out the facts, the allegations, and the loss claimed before proceedings are issued.
- Mediation and alternative dispute resolution, assisting clients to resolve professional negligence disputes without court proceedings where that is in the client’s interest.
- Court proceedings, from the issue of the claim through to a final hearing, with in-house advocacy by our solicitor-advocates and barristers where required.
- Limitation advice, including on the extended time limits available under the Limitation Act 1980 where damage was not immediately apparent.
Why choose Law Lane for professional negligence?
Professional negligence claims are technically demanding. A claimant must prove not only that the professional made an error but that a competent professional would not have made the same error in the same circumstances, and that the error caused the loss claimed. Getting expert evidence right is essential: the court will assess the defendant professional’s conduct by reference to the standard of their profession at the time, and a claimant who cannot identify a sound basis for the allegation faces a costs risk.
We investigate the professional’s conduct thoroughly before advising on the merits of a claim. The Pre-Action Protocol for Professional Negligence requires careful preparation of the Letter of Claim, and a well-drafted letter often brings about a settlement without litigation. Where the professional or their insurer denies liability, we are prepared to take the claim to court; our in-house solicitor-advocates and barristers can represent clients at trial without the need to brief separate counsel.
Limitation periods in professional negligence cases require particular attention. Under the Limitation Act 1980, the primary period is six years from the date the cause of action accrued. Where damage was latent and not discoverable immediately, section 14A of the Act allows a further three years from the date of knowledge. The longstop period under section 14B is fifteen years from the date of the act or omission, regardless of knowledge. These periods can overlap in complex ways, and early advice on limitation is often essential to protect a claim.
Get in touch
Our professional negligence team has the legal and advocacy experience to take claims against professionals from the Letter of Claim through to trial. Book a consultation and find out whether you have a claim worth pursuing.
Phone: 020 7870 4870 or email: info@lawlanesolicitors.co.uk
Law Lane Solicitors is proud to be accredited under The Law Society’s Immigration and Asylum Accreditation.
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Frequently Asked Questions – Professional negligence disputes
What standard of care does a professional owe?
A professional owes a duty to exercise the skill and care of a reasonably competent practitioner in their field. A professional who follows a practice accepted as proper by a responsible body of professional opinion will not generally be found negligent, even if another body of opinion would have done things differently. The professional is not required to achieve the best possible outcome. What matters is whether the conduct fell below the standard a reasonable member of the profession would have met in the same situation.
What is the time limit for a professional negligence claim?
The standard limitation period under the Limitation Act 1980 is six years from when the cause of action accrued. For contract claims, time usually runs from the date of the breach; for tort claims, it runs from the date the claimant suffered loss. Where damage was not immediately discoverable, section 14A of the Limitation Act 1980 allows a claim to be brought within three years of the date of knowledge, subject to the fifteen-year longstop under section 14B. We advise on the applicable period at the first consultation.
What is the Pre-Action Protocol for Professional Negligence?
The Pre-Action Protocol for Professional Negligence requires a claimant to send a detailed Letter of Claim to the defendant professional before issuing court proceedings. The letter must set out the facts of the instruction, the alleged error or omission, why it fell below the required standard, and a calculation of the loss. The professional then has three months to investigate and respond. The courts expect compliance with the Protocol; failure to comply can affect the award of costs, even in a successful claim.
Can I bring a claim if the professional was not dishonest?
Yes. Professional negligence does not require dishonesty or deliberate wrongdoing. A claim arises when a professional makes an error, omission, or exercises poor judgment, resulting in loss to the client. Many professional negligence claims involve competent professionals who made a mistake in difficult circumstances. The question is not whether the professional was acting in good faith but whether the standard of their work fell below what the profession would regard as acceptable.
What evidence do I need to bring a claim?
A professional negligence claim typically requires the original retainer or engagement letter setting out the scope of the professional’s instructions, the advice given and how it was communicated, documentation showing what was done (or not done), evidence of the resulting loss, and expert evidence from a suitably qualified professional confirming that the conduct fell below the required standard. We advise on what documents to gather and instruct appropriate experts on your behalf.
Can I claim against a professional even if I signed off on their work?
The fact that a client approved or signed off on work does not, in itself, prevent a claim. Where the client relies on the professional’s expertise and could not reasonably have identified the error without specialist knowledge, approval does not constitute a waiver of the right to claim. The position depends on the circumstances, including the degree of specialist knowledge the professional held compared to the client and whether the client was given a proper opportunity to review and question the advice.
What losses can I claim?
Professional negligence compensation aims to put the claimant in the position they would have been in had the professional performed their duty correctly. Recoverable losses typically include the direct financial loss suffered, such as the difference between what was paid for an asset and its true value, costs wasted in reliance on negligent advice, and losses flowing from a missed opportunity. Consequential losses are recoverable if they were foreseeable at the time of the instruction. We assess the full scope of recoverable loss at the outset.
How much does an initial consultation cost?
We offer a fixed-fee initial consultation for professional negligence matters. At that meeting, we review the documentation, advise on the strength of any claim, the applicable limitation position, and provide an estimate of the costs involved in pursuing it. Please get in touch with our team to arrange a time.
Private Dispute Resolution Team
Sikandar Ali Jatoi
Director, Solicitor AdvocateView Profile | ContactBook Appointment
Neville Langston
Solicitor & Office Manager, Central LondonView Profile | ContactBook Appointment
Afaque Solangi
SolicitorView Profile | ContactBook Appointment
Christian O. Nwaorah
SolicitorView Profile | ContactBook Appointment
Sahil Umar
ParalegalView Profile | ContactBook Appointment
Trung Nam Nguyen
Consultant SolicitorView Profile | ContactBook Appointment
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