Bringing a professional negligence claim

If you are to bring a claim for professional negligence you will need to demonstrate that the professional in question, fell below the standards that are normally expected of a reasonably, competent professional within that particular profession.

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

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. Individuals within the team are recognised by Chambers UK and The Legal 500 for their expertise in their area of work.

We are happy to discuss litigation funding options, see our ‘guide to litigation fund options and insurance’ for background information .

Contact Neille Ryan or Jeremy Ferris to find out how we can help you.

How can we help you?

How can we help you?