Professional Negligence Claims
Professional Negligence Solicitors in Nottingham
At some point in our lives, we all need to seek professional advice. Whether it’s legal, financial, technical or health related, a professional advisor can help give you the guidance you need.
Sometimes though, poor or careless advice can have serious consequences. From lost money to physical injury.
If you have been the victim of poor advice, you could make a professional negligence claim.
Call our Dispute Resolution team
What is Professional Negligence?
Professional negligence is defined as;
“When your professional advisor is negligent, and you lost out as a result…”
Under the Supply of Goods Act 1982, a professional should carry out a service with a reasonable level of care and attention. A contract doesn’t need a specific clause to state what the expected standard of work should be.
If a professional person or company provides inadequate or incorrect advice, it can result in;
- Financial losses
- Physical damage, or;
- Personal injury
Examples of Professional Negligence
There are lots of situations where professional negligence can take place.
For example:
- A solicitor – under settling on a personal injury compensation claim.
- An accountant – providing incorrect tax advice
- A surveyor – not identifying defects and overvaluing or undervaluing a property
- A financial advisor – giving poor advice around high-risk investments
- A personal trainer – not asking about previous injuries resulting in a client getting re-injured during a training session
You can also make a claim against builders, engineers, insurance brokers, IT professionals. The list is extensive.
Am I eligible to make a Professional Negligence claim?
If you have been let down by a professional, it can be difficult to know whether you have grounds to make a claim.
For a claim to be successful, you need to meet the professional negligence “test” and prove the following;
Duty of Care
You must be able to prove that the professional you hired owed you a duty of care.
A written engagement or retainer letter and/or contract will provide evidence of this. In the absence of this paperwork, their conduct could imply a duty of care.
Breach of Duty
You must also be able to prove that the professional you hired breached this duty of care.
To do this, you will need to show that the product(s) or service(s) provided fell below the standards of;
- A competent professional
- In their field of expertise
Loss/Causation
Once you have proved that you were owed a duty of care and that duty of care was breached, you must then prove that you suffered as a result. This could be financial or physical.
This is ‘causation’.
In some cases, you may have a claim for;
- Breach of contract
- Breach of statutory duty
- Misrepresentation and/or
- Fraud
as well as professional negligence.
How much can I claim for Professional Negligence?
This depends on the case.
The purpose of compensation is to put you back in the position you would have been if it wasn’t for the professional’s negligence.
The losses or damages you suffered must have been;
- A direct result of professional negligence, and
- Reasonably foreseeable
For example, if you received a fine because your accountant didn’t submit your tax return in time, you’d be entitled to claim the sum of the fine.
Other cases are more complicated, and you could claim the value of a missed opportunity.
The other side might argue that you caused, or at least contributed to the losses. If the other side can prove ‘contributory negligence’, a court can reduce the amount of compensation to reflect your level of responsibility.
How long do I have to bring a claim for Professional Negligence?
The limitation period for most professional negligence claims is six years.
However, if it becomes clear later that negligence was the cause of your losses, this could be extended. In this case, the limitation period is three years from the date you became aware.
Regardless of time periods, you should start your claim as soon as possible. This will make gathering evidence easier.
Why choose Rothera Bray?
Our professional negligence solicitors have vast experience, representing both business and individuals. We have made claims across a range of industries.
We can help you assess the advice you received and the resulting consequences.
Send us a message
“We strive to make every matter as stress free as possible”
Richard Hammond
Head of Litigation
FAQs
Most professional negligence claims settle before trial, even after issuing court proceedings.
A claim will go to court for one of three three reasons;
- The other side disputes your claim and refuses to accept liability
- The other side disputes the amount of compensation to be paid
- The other argues ‘contributory negligence’ and claims you contributed to the losses you suffered
If a claim does go to court, you and/or other key witnesses will be called to give evidence.
Many professionals and business have professional indemnity insurance. This protects them against legal claims. In fact, in some industries, professional indemnity insurance is a legal requirement.
Some professionals and businesses also have ‘run off cover’. This provides legal protection for claims made against a business or individual within 6 years of becoming insolvent.
That said, not everyone does. As such, we need to consider this before making a claim. There is no benefit in claiming against a professional person or company with few or no assets.
The costs for pursuing a medical negligence claim are significant.
One way to cover the costs of a legal claims is to take out an ‘After the Event’ (ATE) insurance policy.
If you win, you’ll need to pay the policy premium. This will come out of your settlement.
If you lose, the policy will pay your opponent’s legal costs and re-imburse you of any legal fees. The policy premium will also be written off.
The general rule is that the losers pay the winner’s legal costs (as well as their own).
Again, you can protect yourself against paying for these costs by taking out an ‘After the Event’ (ATE) insurance policy.
Richard Bates
r.bates@rotherabray.co.uk
Richard Bates leads the Litigation and Dispute Resolution team at Rothera Bray. Richard is a litigation specialist and can provide a wide range of services to both commercial and private clients.
Caroline Bowler
c.bowler@rotherabray.co.uk
Caroline Bowler is a partner in our Dispute Resolution team and an equine law specialist at Rothera Bray, which is the Official Legal Partner to British Dressage and The British Show Pony Society. She works from our Lace Market office and has been described as “one of the best equine lawyers” in the Legal 500.
Richard Hammond
r.hammond@rotherabray.co.uk
Richard Hammond is a Dispute Resolution specialist and mediator at our Lace Market office. Richard is also a notary public, processing client documents for international use.
Grant Benskin
g.benskin@rotherabray.co.uk
Grant Benskin is a Senior Associate Solicitor Advocate in Rothera Bray’s Dispute Resolution team and is based at our Lace Market office in the heart of Nottingham city centre.
Richard Woodward
r.woodward@rotherabray.co.uk
Richard is a Dispute Resolution solicitor and has worked for a variety of different clients, including individuals involved in land and probate type disputes as well as multi-national and SMEs in contractual and debt claims.
Terhi Sygrove
t.sygrove@rotherabray.co.uk
Terhi Sygrove is a debt recovery specialist and head of the debt recovery department at our Lace Market Office.
Paige Gajic
p.gajic@rotherabray.co.uk
Paige Gajic is an Associate Solicitor in our Dispute Resolution department and is based at our Lace Market office.
Amie Hardy
a.hardy@rotherabray.co.uk
Amie Hardy is a Trainee Solicitor in Rothera Bray’s Dispute Resolution department and is based at our Lace Market office.
Millie Moreton
m.moreton@rotherabray.co.uk
Millie Moreton is a Trainee Solicitor in Rothera Bray’s Dispute Resolution team and is based at our Lace Market office.
Krupa Sodha
k.sodha@rotherabray.co.uk
Krupa is a Trainee Solicitor at our Leicester Office. She is currently working with our Dispute Resolution team after completing seats in our Personal Injury and Corporate departments.
Eleanor Kivneen
e.kivneen@rotherabray.co.uk
Eleanor is a Paralegal in our Dispute Resolution department and is based at our Lace Market office.
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