Professional Negligence

Professional negligence is when your professional adviser is negligent, and you suffer a loss as a result. This can be a lawyer, accountant, surveyor etc. Legally, professional negligence is a common law tort, but professional negligence claims are also made under contract law and other things.

You have to issue court proceedings within six years of the date of the ‘cause of action’, in other words, when you knew you would be able to bring a claim. You may still be able to claim compensation after the six-year limit has passed if you were unaware of all the relevant facts. If you can prove this to the court, you will have three years from the date that you first became aware, or ought to have been aware, of the right to claim. The maximum period is 15 years from the date the cause of action arose. However, different rules apply for those under 18 and those with a disability.

To succeed in a claim against professional adviser it is necessary to show that:

• A duty was owed to you;
• The professional has breached that duty;
• The breach was such that no reasonably competent professional would have made that mistake;
• The breach has caused you a loss;
• The amount of the loss.