Professional Negligence
Claims against solicitors, accountants, surveyors and other professionals.
When you engage a professional — a solicitor, an accountant, a financial adviser, a surveyor, an architect or any other expert — you place your trust in their skill and expertise. If that professional falls below the standard reasonably expected of them and you suffer loss as a result, you may have a claim in professional negligence. BW Solicitors advises clients across Ilford and London on claims against negligent professionals, handling these often complex and high-value cases with the expertise they demand.
What Is Professional Negligence?
A professional negligence claim requires you to establish three things: that the professional owed you a duty of care; that they breached that duty by falling below the standard of a reasonably competent professional in their field; and that their breach caused you to suffer a quantifiable loss. Professional negligence claims can be brought against a wide range of professionals and often involve complex expert evidence on the standard of care required.
- Solicitor negligence — missed deadlines, incorrect advice, failure to register interests
- Accountant and tax adviser negligence — incorrect tax advice, filing errors
- Financial adviser negligence — unsuitable investment advice, mis-selling
- Surveyor and valuer negligence — incorrect valuations, missed defects
- Architect and structural engineer negligence — design defects
- Medical professional negligence — clinical negligence claims
- Insurance broker negligence — failure to obtain adequate cover
The Pre-Action Protocol for Professional Negligence
Professional negligence claims are subject to a specific pre-action protocol which sets out the steps the parties are expected to take before court proceedings are issued. Compliance with the protocol is essential: failure to follow it can result in costs penalties even where the claim is ultimately successful.
- Preliminary notice — alerting the professional to the potential claim
- Letter of claim — detailed statement of the facts and losses relied upon
- Response from the professional or their insurers
- Expert evidence on the standard of care
- Negotiation and settlement
- Court proceedings where settlement cannot be reached
Limitation — Acting Promptly
The standard limitation period for professional negligence claims is six years from the date of the negligent act or omission. However, where the damage caused by the negligence is latent — meaning it was not discoverable at the time — a three-year period runs from the date of knowledge. This is subject to a longstop limitation period of fifteen years from the date of the negligent act. Given the complexity of limitation in professional negligence cases, it is essential to seek advice as soon as you become aware that something may have gone wrong.
Why Choose BW Solicitors?
Professional negligence claims demand a careful, evidence-led approach. Our solicitors combine technical expertise with commercial pragmatism, working with leading expert witnesses to build the strongest possible case for our clients. We serve individuals and businesses across Ilford, East London and Greater London.