When you instruct a professional, you rely on their advice, skill and judgement. That might be a solicitor, accountant, surveyor, financial adviser, architect, engineer, insurance broker or another professional.
If they make a serious mistake and you suffer financial loss as a result, you may be able to bring a professional negligence claim.
Professional negligence claims are not about poor service alone. They are about whether the professional fell below the standard expected of someone in their position, and whether that failure caused you a measurable loss.
Havard Law Solicitors can help you understand whether you may have a claim, what evidence is needed and what steps can be taken to recover the loss.
What is a professional negligence claim?
A professional negligence claim is a claim against a professional who failed to carry out their work to the standard reasonably expected of them.
This may involve giving incorrect advice, missing an important deadline, failing to spot a key issue, preparing defective documents, undervaluing an asset, failing to arrange suitable insurance, or recommending something unsuitable.
To bring a claim, it is usually necessary to show that the professional owed you a duty of care, that they breached that duty, and that the breach caused you financial loss.
A bad outcome does not automatically mean there has been negligence. The key issue is whether the professional made an error that a reasonably competent professional in that field should not have made.
When might you need help?
You may need advice if you believe a professional mistake has cost you money.
Common examples include a solicitor missing a deadline, giving incorrect advice or making an error during a property transaction, a conveyancing solicitor failing to identify a title, planning or leasehold issue, a surveyor missing serious defects or providing an inaccurate valuation, or an accountant giving tax advice that leads to unnecessary tax, penalties or financial loss.
Claims can also involve financial advisers recommending unsuitable investments or pension transfers, insurance brokers failing to arrange appropriate cover, architects or engineers making design errors, or letting agents failing to carry out checks that lead to rent arrears or property damage.
You may also need urgent advice if you are worried that time is running out to bring a claim.
Who can bring a professional negligence claim?
Professional negligence claims can be brought by individuals, businesses, landlords, property owners, investors, company directors, beneficiaries, clients of professional firms and others who have suffered loss because of negligent professional advice or services.
The important question is whether the professional owed you a duty, whether they failed to meet the required standard and whether that failure caused you loss.
In some cases, the position may be straightforward. In others, it may be necessary to review contracts, terms of engagement, advice letters, reports, emails, file notes and other documents to understand exactly what the professional was instructed to do.
What can compensation cover?
The aim of compensation in a professional negligence claim is usually to put you, as far as money can, in the financial position you would have been in if the professional had acted properly.
This may include direct financial loss, wasted fees, additional costs, loss of opportunity, professional fees incurred to put things right, interest and other losses caused by the negligent advice or work.
The value of the claim will depend on what happened, what should have happened, what financial position you would otherwise have been in and what evidence is available.
Professional negligence claims often require careful analysis of causation. It is not enough to show that a mistake was made. It must also be shown that the mistake caused the loss being claimed.
How Havard Law Solicitors can help
Havard Law Solicitors can review your position and explain whether a professional negligence claim may be possible.
We can help by considering the professional’s instructions, reviewing the documents, identifying what went wrong, assessing whether the standard of service fell below what was reasonably expected, and considering what loss was caused.
Where appropriate, we can send a formal letter of claim setting out the allegations, the loss claimed and the basis of the claim.
Many professional negligence claims resolve through correspondence, negotiation or mediation. If settlement is not possible, court proceedings may need to be considered.
We can also advise where the professional’s firm has closed, where an insurer may need to be identified, or where a complaint to a regulator or ombudsman may be relevant.
Professional negligence and other legal issues
Professional negligence claims often overlap with other disputes.
A claim against a solicitor may connect to a missed litigation deadline, a failed property transaction or incorrect advice in another legal matter. A claim against an accountant may involve tax, penalties, business losses or financial planning. A claim against a surveyor, architect or engineer may involve property damage, construction issues or valuation disputes.
In some cases, there may also be a contractual claim. In others, a complaint to a professional regulator or ombudsman may be appropriate.
The right route will depend on the professional involved, the nature of the mistake, the value of the loss and the outcome you are trying to achieve.
Time limits in professional negligence claims
Time limits in professional negligence claims can be complicated.
In many cases, the usual starting point is six years from the date of the negligent act or omission. In some situations, where the problem was not known about until later, a further period may apply from the date of knowledge.
There can also be a longstop deadline, meaning a claim may be prevented after a certain period even if the problem was discovered late.
The exact limitation position can depend heavily on the facts, the type of claim and when the loss was suffered or discovered.
If you are worried about a deadline, you should seek advice as soon as possible.
Evidence that can help a professional negligence claim
The evidence needed will depend on the type of professional and the nature of the mistake.
Helpful evidence can include the retainer or engagement letter, terms and conditions, advice letters, reports, emails, file notes, invoices, contracts, court papers, property documents, tax documents, financial advice records, insurance documents, complaint correspondence and evidence of financial loss.
It can also be helpful to prepare a timeline showing when the professional was instructed, what advice was given, what went wrong, when you discovered the issue and how it caused loss.
In some cases, independent expert evidence may be needed to comment on the standard expected of the professional and whether that standard was met.
Do not worry if you do not have everything at the start. Havard Law Solicitors can review the information you do have and explain what else may be needed.
Speak to our professional negligence team
If you believe a professional mistake has caused you financial loss, it is sensible to seek advice early.
To speak to Havard Law Solicitors, call 0151 556 1234 or email info@havardlaw.co.uk with a short summary of what happened, who the professional was, when they were instructed, what you believe went wrong and what loss you have suffered.
A member of the team can review the information and explain the next steps in clear, practical terms.
A claim may be possible if an accountant, tax adviser or financial adviser gave negligent advice that caused you financial loss.
Examples may include incorrect tax advice, missed filing issues, unsuitable investment advice, unsuitable pension advice or failure to explain risks properly.
These claims can require detailed evidence about what advice was given, what should have been advised and what loss was caused.
Havard Law Solicitors can review the circumstances and explain whether a claim may be possible.
A claim may be possible if a surveyor or valuer failed to identify issues that should reasonably have been reported, or provided an inaccurate valuation that caused financial loss.
Examples may include missed structural defects, serious damp, roof problems, subsidence risks, boundary issues or valuation errors.
The strength of the claim will depend on the type of survey or valuation, the instructions given, the report, the evidence and whether the loss was caused by the alleged mistake.
Havard Law Solicitors can review the documents and advise on the next steps.
A claim may be possible if a solicitor made a mistake that fell below the standard expected of a reasonably competent solicitor and caused you financial loss.
Examples may include missing a deadline, giving incorrect advice, failing to progress a claim properly, making an error during a property transaction or failing to protect your legal position.
Solicitor negligence claims can be complex and often require careful review of the file and the advice given.
Havard Law Solicitors can review the position and explain whether a claim may be possible.
A closed firm does not always mean you have no options.
It may still be possible to investigate whether there is insurance, run-off cover, a successor practice, a regulator route or another way of pursuing the claim.
The practical position will depend on the type of professional, the date of the work, the insurance position and the documents available.
Havard Law Solicitors can help investigate the position and explain what options may still be available.
The timescale depends on the complexity of the claim.
A straightforward claim may resolve within several months if liability is accepted and the loss can be agreed.
More complex claims can take longer, especially where the professional denies negligence, the loss is disputed, expert evidence is needed or court proceedings are required.
Havard Law Solicitors will keep you updated and explain likely timescales as the claim develops.
You do not need to know the legal position before asking for advice.
If you believe a professional mistake has caused you financial loss, Havard Law Solicitors can review the facts, consider the documents and explain whether a claim may be possible.
We will give you an honest assessment and will not encourage you to pursue a claim if the evidence does not support it.
The amount you may recover depends on the loss caused by the professional’s negligence.
The aim is usually to put you in the financial position you would have been in if the professional had acted properly.
This may include direct financial loss, wasted fees, additional costs, loss of opportunity, interest and other losses caused by the mistake.
Every case depends on the evidence. Havard Law Solicitors can review your position and give you a realistic assessment.
Not necessarily. Many professional negligence claims resolve without a final court hearing.
Some claims settle through correspondence, negotiation, mediation or a formal settlement offer.
Court proceedings may be needed if the professional or their insurer disputes the claim, refuses to engage or does not make a reasonable settlement offer.
Havard Law Solicitors can explain the options and advise on the most practical route.
Time limits in professional negligence claims can be technical.
In many cases, the usual starting point is six years from the date of the negligent act or omission. In some circumstances, where the issue was only discovered later, a further period may apply from the date of knowledge.
There may also be a longstop deadline that prevents claims being brought after a certain period, even where the issue was discovered late.
Because the exact deadline can depend on the facts, it is important to seek advice as soon as possible if you think you may have a claim.
No. A mistake or poor outcome does not automatically mean there has been professional negligence.
To bring a claim, it is usually necessary to show that the professional fell below the standard expected of a reasonably competent professional in that field.
It is also necessary to show that the mistake caused financial loss. If the same loss would have happened even if the professional had acted correctly, there may not be a claim.
Havard Law Solicitors can review the facts and give you an honest view on whether a claim may be possible.
