Services for business

Bringing a professional negligence claim

To make a successful professional negligence claim, you will need to demonstrate the following:

1. You were owed a duty of care by the defendant professional;
2. The professional breached that duty of care;
3. The breach caused you a financial loss.

There does not always need to be a written agreement. A professional holding out to have particular expertise and advising the client, may be assuming duties towards the client.

As a claimant you will need to demonstrate that the professional fell below the standards of a reasonably competent professional, having regard to the standards normally expected in that profession.

It is important to seek expert legal advice promptly if you believe you have a claim.

Professional negligence protocol

• Where a professional negligence claim is threatened the parties have to abide by court rules which govern their behaviour before formal court proceedings are instigated. These rules are called pre-action protocols.
• The professional negligence protocol sets out the steps that must be taken which include writing a formal letter of claim before proceedings are issued. The defendant has a set timetable for responding to the letter of claim.
• The protocol provisions are designed to encourage early information exchange. As a consequence the parties may reach a settlement without court proceedings becoming necessary.

Timescales for Professional Negligence Cases

• Professional negligence cases are subject to time limits referred to as 'limitation periods'.
• The period during which a claim must be brought generally varies between one and six years.
• Professional advice should be taken as soon as you realise that you may have a claim.

Why choose Furley Page for advice on professional negligence claims

Furley Page has a team of very experienced solicitors who specialise in advising clients on professional negligence matters. One of our Professional Negligence Partners is a member of the Law Society's Professional Negligence Panel. Our inter-team approach to professional negligence cases provides clients with a very wide range of expertise.

We are happy to discuss litigation funding options, see our guide for background information.