When you pay a professional for their expertise — whether a solicitor, accountant, financial adviser, surveyor, or any other qualified professional — you are entitled to expect a standard of service that meets the requirements of a reasonably competent person in that field. When that standard is not met and the failure causes you financial loss, the law provides a remedy: a professional negligence claim.
Professional negligence is one of the more complex and frequently misunderstood areas of civil law. This guide explains what it is, when a claim can be made, and how the process works.
Our solicitors in Bolton advise individuals and businesses on professional negligence claims and can assess whether the advice or service you received fell below the standard required by law.
What Is Professional Negligence?
Professional negligence occurs when a professional — someone providing a service requiring specialist skill and knowledge — fails to meet the standard of care owed to their client, and that failure causes the client to suffer loss.
Three elements must be established to succeed in a professional negligence claim:
1. A duty of care — the professional must have owed you a duty of care. This is almost always present where a professional has been retained and paid to provide services — a solicitor owes a duty to their client, a surveyor owes a duty to the person who commissioned the survey, and so on. In some circumstances a duty of care can also arise where professional advice is given informally, where reliance on it was reasonably foreseeable.
2. Breach of that duty — the professional must have fallen below the standard expected of a reasonably competent professional in their field. This is an objective test — not what a particular professional thought was acceptable, but what a competent practitioner would have done in the same situation. Expert evidence from another professional in the same field is typically required to establish this.
3. Causation and loss — the breach must have caused you to suffer measurable financial loss. It is not enough that a professional gave poor advice if that advice did not result in actual loss. The claimant must be able to demonstrate both that the breach caused the loss and quantify what that loss amounts to.
The Standard of Care: What Does “Reasonably Competent” Mean?
The standard expected of professionals is that of a reasonably competent member of their profession — not the best, and not a specialist unless the professional held themselves out as one. A general practitioner solicitor is assessed against the standard of a reasonably competent general practitioner solicitor. A specialist barrister in complex financial litigation is assessed against the standard of a reasonably competent specialist in that field.
This means that professionals are not liable every time an outcome is poor. Medicine, law, financial advice, and surveying all involve judgment calls and uncertainty — outcomes cannot be guaranteed, and a professional who makes a reasonable judgment that later turns out to be wrong is not automatically negligent. What matters is whether the decision or advice was within the range of what a competent professional could reasonably have done at the time.
Who Can Be Sued for Professional Negligence?
Any professional who owes a duty of care and breaches it can be the subject of a professional negligence claim. The most common types of professional negligence claims we see include:
Solicitor Negligence
Solicitors are most commonly sued for negligence in the following situations:
- Missing a limitation deadline — failing to issue a claim within the applicable time period, causing the client to lose their right to sue entirely
- Negligent conveyancing advice — failing to identify title defects, failing to carry out proper searches, or giving incorrect advice on the implications of a transaction
- Poor advice on litigation — including advising a client to accept an inadequate settlement, failing to advise on the risks of proceeding, or mishandling evidence and disclosure
- Wills and probate errors — drafting a will that does not reflect the testator’s intentions, or failing to ensure a will is properly executed
- Employment advice — giving incorrect advice on compromise agreements, redundancy, or unfair dismissal claims
Accountant Negligence
- Negligent tax advice resulting in an HMRC investigation, penalties, or an unexpected tax liability
- Failure to identify material errors in accounts, resulting in an inaccurate picture of a business’s financial position
- Incorrect advice on the tax implications of a business transaction
Financial Adviser Negligence
- Recommending investments that were unsuitable for the client’s risk profile or financial circumstances
- Failing to explain the nature or risks of a financial product clearly
- Giving advice that resulted in the loss of pension rights or other benefits
Surveyor Negligence
- Failing to identify structural defects in a property that should have been apparent on inspection
- Providing an overvaluation that led a lender to provide finance on terms that would not otherwise have been offered
- Negligent advice on boundary issues or planning restrictions
Architect and Engineer Negligence
- Design errors resulting in structural failures or remediation costs
- Failure to ensure compliance with building regulations
- Negligent project supervision causing delay or financial loss
What Losses Can You Recover?
A successful professional negligence claim can recover:
Compensatory damages — the aim is to put you in the position you would have been in had the negligence not occurred. This typically means recovering the financial loss caused by the breach — for example, the difference between what your property was actually worth and what you paid for it in reliance on a negligent survey, or the value of a legal claim lost because of a missed limitation deadline.
Consequential losses — additional losses that flow from the negligence, such as the cost of remedying defects, lost business opportunities, or additional professional fees incurred as a result of the original negligence.
Interest — interest on the damages from the date of loss is typically recoverable.
Costs — in successful litigation, the defendant will usually be ordered to pay a significant proportion of your legal costs.
The Pre-Action Protocol
Before issuing court proceedings in a professional negligence claim, the parties must follow the Professional Negligence Pre-Action Protocol. This requires you to:
- Send a detailed preliminary notice to the professional identifying the general nature of the complaint
- Follow up with a full letter of claim setting out the allegations, the losses claimed, and the evidence relied upon
- Allow the professional a reasonable period — typically three months — to investigate and respond
This process is not merely procedural — a well-drafted letter of claim can prompt a settlement offer without the need for litigation and sets the tone for the entire dispute. Our professional negligence solicitors manage this process from the outset.
Time Limits for Professional Negligence Claims
Time limits are critical in professional negligence cases. Missing them will bar your claim entirely regardless of its merits. The primary rules are:
- Six years from the date of the negligent act or omission — this is the primary limitation period
- Three years from the date of knowledge — where you did not know and could not reasonably have discovered the negligence at the time it occurred, the three-year period runs from the date you discovered it (or should have done)
- The longstop date — regardless of when you discovered the negligence, no claim can be brought more than 15 years after the date of the act or omission
Limitation is one of the most technical and consequential areas of professional negligence law. If you are in any doubt about whether your claim is time-barred, seek legal advice immediately.
How Hi Solicitors Can Help
Our professional negligence solicitors will assess whether the advice or service you received fell below the required standard, advise on the prospects and value of your claim, manage the pre-action protocol process, and pursue your claim through negotiation or litigation to the best possible outcome.
For claims with a business dimension — for example where professional negligence has affected a company or commercial relationship — our commercial litigation team can work alongside your professional negligence solicitor to provide fully joined-up advice.
Call 01204 371 414 for a free initial consultation with our solicitors in Bolton. All enquiries are treated in the strictest confidence.
187b Derby St, Bolton, BL3 6JT · hisolicitors.co.uk
Frequently Asked Questions
Q: What is the difference between professional negligence and a complaint?
A complaint is an administrative process — it is made to the professional’s regulator (such as the Solicitors Regulation Authority for solicitors or the Financial Conduct Authority for financial advisers) and can result in disciplinary action but does not directly compensate you. A professional negligence claim is a civil legal action that seeks financial compensation for the loss caused by the negligence. The two are separate and can run simultaneously — a regulatory finding of misconduct can support a civil claim but is not a prerequisite for one.
Q: Do I need an expert to support my professional negligence claim?
In most cases, yes. Expert evidence from another professional in the same field is typically needed to establish that the defendant fell below the required standard of care. The expert will review the defendant’s work and provide a report setting out whether, in their opinion, a reasonably competent professional would have acted differently. Your solicitor will identify and instruct an appropriate expert as part of preparing your case.
Q: Can I bring a professional negligence claim if I have already complained to the regulator?
Yes. Making a regulatory complaint does not affect your right to bring a civil claim for compensation. The two processes are entirely separate. A finding by a regulator that a professional acted improperly can be useful evidence in support of a civil claim, but it is not required and the absence of such a finding does not prevent you from pursuing one.
Q: What if the professional has indemnity insurance?
Most professionals are required by their regulator to hold professional indemnity insurance. In practice this means that any damages awarded in a successful claim are paid by the professional’s insurer rather than the professional personally. The existence of indemnity insurance is one reason why professional negligence claims are actively defended — insurers fund the defence and have an interest in minimising payouts.
Q: How long does a professional negligence claim take?
It depends on the complexity of the claim and whether it settles or proceeds to trial. Many professional negligence claims are resolved through negotiation or mediation before trial — a process that can take anywhere from a few months to over a year from the letter of claim. Cases that proceed to trial in the High Court can take two to three years or more. Your solicitor will advise on the realistic timeline for your specific case.