Professional Negligence Claims

Professionals such as solicitors, accountants, surveyors, architects, and financial advisers hold positions of trust. When you engage their services, you are entitled to expect a reasonable standard of skill, diligence, and care. A failure to meet that standard can result in significant financial loss and disruption to your business or personal affairs.

Our commercial litigation and dispute resolution team advises individuals and businesses who believe they may have grounds to pursue a claim for professional negligence. We provide clear, pragmatic guidance at every stage—from initial assessment through to resolution.

What is Professional Negligence?

Professional negligence is a legal claim that may arise when a professional fails to perform their duties to the standard reasonably expected of a competent practitioner in that field, and that failure causes the client to suffer financial loss or other measurable harm.

To succeed, a claimant must generally establish three elements:

• Duty of Care: The professional owed a duty of care, typically arising from a contract, retainer, or the nature of the professional relationship.
• Breach of Duty: The professional’s conduct fell below the standard reasonably expected of a competent practitioner in the relevant field.
• Causation and Loss: The breach directly caused the claimant to suffer quantifiable financial loss or other compensable damage.

Types of Professionals

Professional negligence claims can arise across a wide range of industries. The following are among the most common categories:

• Legal Professionals: Solicitors, barristers, and licensed conveyancers—for example, where limitation deadlines have been missed, transactional errors have occurred, or advice in litigation or commercial matters has fallen below the expected standard.
• Financial and Accounting Professionals: Accountants, auditors, tax advisers, and independent financial advisers—for example, where accounts have been materially misstated, tax planning advice has proved negligent, or investment recommendations have been unsuitable.
• Construction and Property Experts: Architects, structural engineers, and quantity surveyors—for example, where designs have been defective, site supervision has been inadequate, or professional obligations have not been met.
• Valuers and Surveyors: Commercial and residential surveyors—for example, where overvaluations or failures to identify significant defects have led to financial loss.

Our Approach

• Litigation Experience: Established in 1845, we have a long-standing practice in commercial and civil disputes, giving our team deep experience in complex professional negligence matters.
• Strategic Representation: We combine thorough preparation with a strategic approach to proceedings, negotiation, and settlement discussions.
• International Network: Through Mackrell International, we can coordinate with lawyers in other jurisdictions when a dispute involves cross-border transactions, overseas assets, or foreign parties.
• Alternative Dispute Resolution: Litigation is not always necessary or appropriate. Where suitable, we advise on mediation, expert determination, and other ADR mechanisms with the aim of resolving disputes efficiently and proportionately.

Contact Us

If you believe you may have received negligent advice or services, we invite you to contact our litigation team to discuss whether you have grounds for a claim.