If you’ve suffered financial loss or damage because a professional failed in their duty of care, you may be entitled to claim compensation under the grounds of professional negligence. In the UK, professionals such as solicitors, accountants, architects, surveyors, and financial advisors are expected to uphold specific standards of service. When they fall short, proving negligence can be complex, but not impossible.
In this blog, we’ll guide you through the key steps involved in proving professional negligence and how Monarch Solicitors can help you take action.
What Is Professional Negligence?
Professional negligence occurs when a qualified professional fails to perform their responsibilities to the expected standard, resulting in loss or harm to their client. This goes beyond a simple mistake; there must be a breach of duty that leads directly to a measurable loss.
Common examples include:
- A solicitor missing a key court deadline, resulting in a lost case
- An accountant giving incorrect tax advice, leading to penalties
- A surveyor failing to spot structural issues in a property purchase
- A financial advisor recommending unsuitable investment products
Who Can Be Held Liable?
In the UK, a wide range of professionals can be subject to negligence claims, including:
- Solicitors
- Barristers
- Accountants
- Architects
- Engineers
- Surveyors
- Financial advisors
- Insurance brokers
- Medical professionals (under clinical negligence)
Each profession is governed by industry-specific regulations and codes of conduct, which play a role in establishing what constitutes acceptable service.
Step 1: Establish a Duty of Care
The first step in proving professional negligence is to show that the professional owed you a duty of care. This means there was a recognised relationship, usually contractual or fiduciary, where the professional had a legal obligation to act in your best interests.
For example, when you hire a solicitor, they are legally required to provide competent legal advice and representation. The same applies to an accountant preparing your financial documents or a surveyor inspecting a property.
Step 2: Prove Breach of Duty
Once a duty of care has been established, the next step is to demonstrate that the professional breached this duty.
This typically involves showing that:
- The professional acted in a way no reasonable person in their position would have
- They made an error, omission, or decision that fell below accepted standards
- They failed to follow industry best practices or legal obligations
To prove this, you may need to present expert evidence from another qualified professional in the same field, who can assess and critique the actions taken.
Step 3: Demonstrate Causation
Causation is often the most complex part of a professional negligence claim. You must show a direct link between the professional’s breach of duty and the loss or damage you suffered.
In legal terms, this is known as the “but for” test: but for the professional’s mistake, would you have suffered the loss?
Examples:
- But for your solicitor’s error in contract drafting, you wouldn’t have entered into a financially damaging agreement.
- But for your accountant’s misreporting, you wouldn’t have been fined by HMRC.
Step 4: Quantify Your Loss
The final step is to provide evidence of the financial or material loss you’ve experienced. This could include:
- Financial statements
- Invoices
- Tax penalties
- Legal or repair costs
- Loss of future earnings
- Diminished property value
Your compensation will be based on the extent of the loss proven, so it’s important to gather and document everything clearly.
Additional Considerations
Time Limits for Claims
In the UK, professional negligence claims must typically be brought within six years of the date the negligence occurred, or three years from the date you became aware of the negligence. There are exceptions, so it’s essential to act promptly.
Mitigating Your Losses
You’re expected to take reasonable steps to minimise the loss caused by the professional’s error. For example, if an accountant provides poor advice, you should seek correction or a second opinion instead of continuing with flawed plans.
Alternative Dispute Resolution (ADR)
Many cases can be resolved outside of court through mediation or arbitration. This can be faster, less costly, and less stressful than a full trial. Your solicitor will guide you through the most appropriate route.
Why Choose Monarch Solicitors?
At Monarch Solicitors, we specialise in professional negligence claims and have a strong track record of holding professionals accountable. Our team has successfully recovered damages for clients across sectors ranging from legal and financial services to construction and healthcare.
We take a thorough and strategic approach:
- We assess the viability of your claim before taking action
- We gather and present compelling evidence
- We negotiate for maximum compensation
- We handle communication with the professional’s insurers or legal team
Call Us for a Free, No Obligation Consultation
If you believe you’ve been a victim of professional negligence, don’t wait.
Call us on 0330 127 8888 or email enquiries@monarchsolicitors.com
Our expert team in Manchester and London is ready to assist, nationally and internationally.
