When Does a Professional's Mistake Become a Claim?
A mistake made by a professional does not always give rise to a claim in negligence. A claim only arises where the professional's conduct fell below the standard expected of a reasonably competent practitioner in their field, and that failure actually caused you a financial loss. Professionals aren't required to guarantee a perfect result — only to exercise reasonable skill and care. So the first questions we ask are simple: was what happened genuinely below an acceptable standard, and are you worse off because of it? If both answers are yes, you may well have a claim.
Who can a claim be brought against?
Professional negligence claims can arise against a wide range of professionals, and we advise on most of them, including:
- Solicitors and barristers - missed deadlines, negligent drafting, or poor advice on a transaction
- Surveyors - failing to identify subsidence, damp, or other defects
- Accountants and tax advisers - negligent advice resulting in an unexpected tax bill or penalty
- Architects, engineers, and other construction professionals - negligent design or supervision
Financial advisers can also be liable for unsuitable advice, though for smaller claims the Financial Ombudsman Service may offer a quicker, lower-cost route than court. Medical and clinical negligence is a different area of law entirely, with its own rules.
Proving a claim
A professional negligence claim needs three things:
- a duty of care,
- a breach of that duty, and
- a loss caused by the breach.
The duty comes with the professional relationship itself. The breach requires expert evidence, since a court won't assess professional standards on its own; an independent expert from the same profession is almost always needed to say what a competent practitioner would have done instead. The hardest element is usually causation — proving that, had the advice or work been done properly, you would actually have been better off. That question, of what would have happened with competent advice, is where most of these cases are ultimately decided, which is why we look at the evidence carefully before advising you on prospects.
How long do you have to bring a claim?
The general rule is six years from the negligent act, or three years from when you knew (or ought reasonably to have known) that you'd suffered a loss because of it — whichever is later — subject to an absolute longstop of fifteen years. That can sound like plenty of time, but in professional negligence cases the loss often doesn't become apparent until years after the original advice, and working out exactly when the clock started running isn't always straightforward. Different rules can apply where negligence was deliberately concealed. The practical takeaway is simple: don't assume time isn't a factor, and seek advice as soon as you suspect something has gone wrong.
How to proceed.
If you think you have a claim against a professional and would like further advice. Please complete our online form and we will be in touch to discuss your claim.