If you have suffered financial loss because a professional has failed to provide services properly, you may have a claim for professional negligence, breach of contract, or both.
Our specialist Dispute Resolution team act for individuals, business owners, directors, trustees and companies across England and Wales in bringing claims against negligent professionals. We focus on securing compensation and achieving practical, commercially sensible outcomes.
What is professional negligence?
Professional negligence arises when a professional fails to exercise the reasonable skill and care expected of a competent member of their profession, and that failure causes you loss.
A claim may therefore arise where a professional:
- Provides advice that falls below the required professional standard
- Fails to follow instructions
- Makes serious errors in drafting or documentation
- Misses critical deadlines
- Provides inaccurate valuations or reports
- Fails to warn of foreseeable risks.
These types of claims often involve professionals such as:
- Solicitors and conveyancers
- Accountants and tax advisers
- Surveyors and valuers
- Architects and construction professionals
- Financial advisers
- Insurance brokers.
In many cases, professional negligence and breach of contract claims are pursued together. A contractual claim may arise where the professional has failed to perform services with reasonable care and skill.
What should you do if you discover professional negligence?
If you suspect professional negligence or breach of contract, swift action is essential. Professional negligence claims are subject to strict limitation periods. If these limitation periods are missed you may be unable to bring a claim. As a starting point, limitation will be:
- Six years from the date of breach (contract or negligence), or
- Three years from the date of knowledge (in certain negligence claims), subject to longstop provisions.
Limitation periods are complex and the start date can vary depending on the nature of the case. It is essential you obtain legal advice as soon as possible.
You should also:
- Review the contract or engagement letter – The terms of the retainer are often central to the claim. Limitation clauses, exclusions of liability, and scope of services must be carefully analysed.
- Preserve all documentation – Retaining, contracts and engagement letters, written advice and reports, emails and correspondence, financial statement and evidence of loss. which will be critical in establishing breach and causation.
- Mitigate your loss – You have a duty to take reasonable steps to minimise further loss. We can advise you on how to do this without compromising your position.
- Avoid informal admissions or discussions – Premature correspondence with the professional may weaken your position. We can help support you ensuring communications are properly structured and legally protected.
What outcome can I expect?
The primary remedy in professional negligence and breach of contract claims is financial compensation (damages).
The aim of damages is to place you in the position you would have been in had the negligence or contractual breach did not occur.
You may be able to recover:
- Direct financial losses
- Loss of profits
- Loss of a commercial opportunity
- Additional professional fees incurred to correct errors
- Interest on sums lost
- Legal costs (subject to the court’s discretion).
Where there has been a breach of contract, damages may also include losses that were reasonably foreseeable at the time the contract was entered into.
How we can help
Bringing a professional negligence or breach of contract claim can feel daunting, particularly where trust has been broken and significant sums are involved.
Our team can provide:
- A merits-based assessment of your claim
- Strategic advice on how to proceed with your claim
- Detailed pre-action letters of claim
- Negotiation and mediation representation
- Access to specialist experts and barristers to support your claim
- Representation in High Court legal proceedings.
Find out more about the team
