What is professional negligence?

Overview

Professional negligence arises where a professional such as a solicitor, accountant, surveyor or architect fails to provide the standard of care reasonably expected in that profession, and the client suffers loss as a result. Common causes include bad advice, missed deadlines, faulty reports, incorrect valuations, drafting errors, or failure to warn about risk. Early legal advice is important because these claims often depend on the precise scope of the engagement, the documentary evidence and the correct limitation period. They can also be expensive to run if expert evidence is needed. This article explains the basics of professional negligence and how Alstern Solicitors can assist.

Key Legal Principles

A claimant generally needs to prove:

• a duty of care;

• breach of that duty;

• causation; and

• loss.

The standard is whether the professional acted in a way that a reasonably competent professional in that field would have acted.

The court may analyse the issue by reference to the purpose of the duty and the risk the professional was engaged to protect against.

Many professional negligence claims require expert evidence, but only evidence reasonably required to resolve the proceedings should be used.

Limitation can be critical, especially where the claimant only discovers the problem later.

What Evidence Is Usually Required?

• The retainer, engagement letter or terms of business.

• Advice letters, reports, attendance notes and emails.

• Invoices and fee records.

• Relevant transaction documents, contracts or project papers.

• Evidence of the loss suffered.

• Expert evidence on standard of care and causation.

• Any complaints, admissions or internal reviews.

Common Risks or Mistakes

• Delaying advice until limitation is close.

• Failing to preserve the retainer and correspondence.

• Assuming a complaint is enough without expert support.

• Ignoring the scope of the duty.

• Underestimating costs and disclosure burden.

Potential consequences include:

• weakened claims or defences;

• increased legal costs;

• adverse costs orders;

• lost settlement opportunities;

• reduced prospects of recovery.

Case Study from Alstern Solicitors

Background

A business client believed a professional adviser had given negligent advice during a commercial transaction.

Challenge

The client had correspondence and invoices, but not a clear chronology or expert analysis of the advice given.

How We Assisted the Client

Alstern Solicitors reviewed the engagement documents, built the chronology, identified the likely duty and breach issues, and advised on the evidence needed before any claim was issued.

Outcome

The dispute was narrowed early and the client was able to assess the claim realistically before committing to litigation.

What Happens If You Choose the Wrong or Inexperienced Solicitor?

A weak solicitor may misidentify the duty, miss the limitation deadline, fail to preserve key documents, or pursue a weak case without proper expert support. That can increase costs, weaken the claim and reduce the chance of settlement.

How Can Alstern Solicitors Help?

Alstern Solicitors advises on strategic dispute resolution, commercially focused advice, strong negotiation and settlement support, litigation expertise, risk management and practical and cost-effective solutions.