Understanding Professional Negligence: A Guide from Moore and Tibbits

Professional negligence is a term that might sound daunting, but it's crucial to understand, especially if you believe you’ve been let down by a professional. Here at Moore and Tibbits, we want to make the complex simple and provide you with the support you need. In this article we’ll explain what constitutes professional negligence; give common examples and let you how we can help if you find yourself affected by it.

What is Professional Negligence?

Professional negligence occurs when a professional, such as a solicitor, accountant, or surveyor, fails to perform their responsibilities to the standard expected, resulting in harm or loss to their client. Essentially, it’s when a trusted professional doesn’t do their job properly, and  you suffer a loss as a result.

Common Examples of Professional Negligence

Professional negligence can happen in various ways. Here are a few examples:
Solicitors: Failing to file court documents on time, missing crucial deadlines, or providing incorrect legal advice.
Accountants: Providing poor tax advice, making errors in accounts, or failing to identify significant financial risks.
Surveyors: failing to identify critical issues during a property survey, leading to unforeseen repair costs.
Architects: Designing buildings that do not meet planning permissions or building regulations, causing financial losses.

These are just a few scenarios, but professional negligence can occur in any industry where expertise and trust are expected.

How to Prove Professional Negligence
In order to prove a claim in professional negligence you will need to demonstrate that:

1. The professional owed you a duty of care. This means they were expected to perform their duties to a certain standard.
2. The professional breached their duty of care i.e.  by acting in a way that was foreseeably prejudicial to you.
3. You suffered a loss; and
4.  Such loss was caused by the Professional’s breach.

In claims against solicitors, the law says that your solicitor should provide a service exercising ‘reasonable care and skill’.  Effectively that means the service you receive should not fall below the average standard in the legal profession.  

Additionally, unless you have suffered a monetary loss as a result of negligence by your solicitor you are unable to bring a claim.

Time Limits in which to bring a claim in Professional Negligence

In order to pursue a claim in Professional Negligence you will need to do so within the prescribed time limits.

These are:

Primary Limitation Period: a claim should be issued within six years of the date of the act or omission of negligence;
Secondary Limitation Period: if the negligent act or omissions is discovered outside of the initial six-year period, then you have a further three years from the date of knowledge of the negligence in which to issue a claim;
Long Stop Date:  In addition, there is an absolute long stop date of fifteen years for claims in professional negligence.  This means that if someone discovers they have suffered a loss as a result of an occurrence of a negligent act or omission by a professional more than fifteen years previously, then they won’t be able to pursue a claim.

How We Can Help

Gathering evidence and building a strong case can be time consuming and complex, but that’s where we come in.  

Our experienced Dispute Resolution team have a wealth of knowledge and experience in dealing with claims in Professional Negligence and will be able to guide you through the process, offering clear advice every step of the way. We understand that dealing with professional negligence claims  can be stressful and overwhelming. Our goal is to take that burden off your shoulders and provide you with the support and expertise you need to achieve a positive outcome.

Moore & Tibbits Limited -  Your trusted partners in navigating the complexities of professional negligence claims.