Professionals are often trusted to provide accurate advice and carry out their duties with reasonable skill and care. Whether you rely on a solicitor, accountant, surveyor or architect, you are entitled to expect that the service you receive meets an appropriate professional standard. However, where a professional makes a mistake or fails to act competently, this can result in financial loss, delays or missed opportunities.
In England and Wales, professional negligence claims may arise where a professional breaches their duty of care to a client and causes loss as a result. Understanding when such a claim may arise can help individuals and businesses take action to recover losses and protect their legal position.
What Is Professional Negligence?
Professional negligence occurs when a professional fails to perform their duties to the standard reasonably expected of someone in their position. The law recognises that professionals owe a duty of care to their clients and may be liable where they fall below the accepted standard of competence within their field.
Common examples of professional negligence may include:
• Solicitors missing important deadlines in litigation
• Accountants providing incorrect financial advice
• Surveyors failing to identify structural defects
• Architects producing defective designs
• Financial advisors recommending unsuitable investments
Where such failures lead to financial loss, the affected party may be entitled to bring a claim for compensation.
Establishing a Claim
To succeed in a professional negligence claim in England and Wales, it is generally necessary to establish three key elements.
First, it must be shown that the professional owed a duty of care to the claimant. This typically arises from a contractual or advisory relationship.
Second, it must be demonstrated that the professional breached that duty by failing to exercise reasonable skill and care.
Finally, it must be shown that the breach caused the claimant to suffer financial loss. This may include direct financial losses or losses arising from missed opportunities or delays.
Claims are often supported by expert evidence from professionals within the same field, who can provide an opinion on whether the standard of care expected was met.
Time Limits for Bringing a Claim
Professional negligence claims are subject to limitation periods under the Limitation Act 1980. In most cases, a claim must be brought within six years from the date of the negligent act or omission.
In some circumstances, where the loss was not immediately apparent, a claimant may have three years from the date of knowledge of the negligence in which to bring a claim. However, there is generally a longstop period of fifteen years from the date of the alleged negligence after which claims cannot be pursued.
Given the complexity of limitation periods, it is important to seek legal advice as soon as negligence is suspected in order to avoid missing the relevant deadline.
Why Early Legal Advice Matters
Professional negligence claims can be complex and often require detailed investigation. Identifying the scope of a professional’s duty and establishing causation may involve reviewing contracts, correspondence and expert evidence.
Seeking legal advice at an early stage can help clarify whether a claim is viable and what steps should be taken to protect your position. Prompt action may also assist in preserving evidence and avoiding further financial loss.
Speak to a Professional Negligence Solicitor
If you believe that you have suffered financial loss as a result of negligent advice or services provided by a professional, it is important to seek legal advice without delay. Penerley’s professional negligence solicitors advise clients across England and Wales on claims against solicitors, accountants, surveyors and other professionals.
Contact our team today for clear and practical advice on whether you may be entitled to pursue a professional negligence claim and how we can assist you in recovering your losses.
