Do I have a Professional Negligence Claim?

What is Professional Negligence?

Professional Negligence is the term used to describe a type of claim made by an individual or an organisation against a professional adviser alleging that the professional adviser has either

  • done something which he should not have done; or
  • has failed to do something which he should have done,

as a result of which, the client has suffered some loss.

Although the term “negligence” is used which would require the client to show that the professional adviser owed a duty of care and that he is in breach of that duty, in practice, many claims are pursued on the basis that the adviser is in breach of the terms of his contract with the client.  Even if there is no written clause in that contract requiring the professional to take reasonable care, the Courts will always imply such a term.

What sort of professionals can be sued?

The range of professional advisers who can be sued is not limited.  Due to the nature of the injuries suffered, medical negligence is a particular sub-branch which is usually conducted by those who are also experts in handling personal injury claims.  However, claims for financial compensation can be made against solicitors, barristers, accountants, surveyors, valuers, insurance brokers, financial advisers, mortgage brokers and others.

What sort of losses can be claimed?

The main difference between Professional Negligence and other types of claims for negligence (e.g. those arising out of accidents causing personal injury) is that the client can claim compensation for financial loss and does not have to prove that he has suffered some form of personal injury or other physical loss.

Do I have a claim against my old adviser simply because my new adviser says he would have done things differently?

In most areas of professional advice, it will be possible to find a range of acceptable opinions from different professional experts as to how a particular situation ought to have been addressed.  Therefore it is not sufficient to find another professional with the same qualifications who says that he or she would have done things differently.  In order to show that a mistake has been made, it needs to be clear that the adviser’s conduct has fallen below the standard that can reasonably be expected of other competent professionals in that discipline

If the Professional is at fault can I claim all my losses?

The rules for claiming compensation are complex. Once it is established that the professional has made a mistake, the Court needs to consider how things would have been different if that mistake had not been made.  It may also need to consider what would have happened if the adviser had done his job properly.  It is possible that you may have suffered some losses which in fact have nothing to do with the mistake that the professional has made; in those circumstances compensation for the losses cannot be claimed even if it is shown that the professional has made a mistake.

How long do I have to pursue a claim against my adviser?

The “limitation period” for pursuing a claim against a professional adviser is usually six years. In some situations the period can be longer. However, there are different rules for calculating when that period begins.  If it is nearly six years since the work was done, it is important to ensure that you take advice promptly.