Professional Negligence Claims

You may have a claim if you hired a professional and suffered a financial loss after experiencing these errors or mishaps:

• Conveyancing errors, such as failing to spot a legal defect on a property title.
• Missed litigation deadlines, resulting in a case being thrown out.
• Poor investment advice from a financial adviser that led to a loss.
• Accountants giving incorrect tax advice or submitting inaccurate filings.
• Architects or surveyors failing to identify structural issues or follow planning regulations.

One of the more common forms of professional negligence is solicitor negligence, with clients wanting to sue a solicitor after something goes wrong, for instance, poor legal advice that causes loss or damage. If you think you have experienced solicitor negligence, then our solicitors can help.

A solicitor may be negligent if they fail to provide competent legal advice or act in a way that falls below accepted professional standards. Examples include:

• Missing court deadlines or limitation dates
• Failing to follow client instructions
• Giving incorrect legal advice
• Drafting Wills or contracts improperly
• Negligent conveyancing (e.g. not identifying issues with a property)
• Even a simple administrative oversight can count as negligence if it causes significant harm.

Yes. Courts and solicitors will encourage alternative dispute resolution (ADR), such as mediation, arbitration or negotiation, to avoid lengthy and costly litigation. A dispute resolution solicitor will try to get you a settlement before resorting to court, which is the ideal outcome for many cases. 

Litigation in the UK is the legal process of resolving disputes through the courts. It involves several key stages, from pre-action negotiations to court proceedings and, if necessary, enforcement of a judgment. Before starting formal court proceedings, parties are encouraged to resolve disputes through negotiation, mediation or other alternative dispute resolution (ADR) methods. The pre-action protocols set out by the Civil Procedure Rules (CPR) require parties to exchange information and attempt settlement before filing a claim.

In the UK, the general time limit to bring a professional negligence claim is six years, but the exact time frame can vary depending on when the negligence occurred and when you became aware of it. Here’s a breakdown:

• Standard Time Limit: 6 Years

You typically have six years from the date the negligence occurred to bring a claim. This is the most common limitation period under the Limitation Act 1980.

• The “Date of Knowledge” Rule: 3 More Years
  

If you only discover the negligence after the fact, you may still have a chance to claim. You then have three years from the date you became aware (or should have become aware) of the negligence — this is known as the “latent damage” rule.

For example:

If your solicitor mishandled a property deal in 2017 but you only discovered the error in 2022, you may still be able to bring a claim within three years from 2022, provided the court agrees you couldn’t reasonably have known earlier.

• Longstop Limitation: 15 Years

Regardless of discovery, no claim can be brought more than 15 years after the negligent act or omission occurred.

To bring a professional negligence claim, follow these steps:

1. Gather evidence: Collect all relevant documents, emails, contracts, and records of communication with the professional.
   
2. Assess the loss: Understand the financial (or other) loss caused by their actions or omissions.
   
3. Get legal advice: Speak to a solicitor who specialises in professional negligence claims.
   
4. Send a Letter of Claim: This outlines the details of your complaint, the loss you suffered, and what you’re seeking (e.g. compensation).
   
5. Attempt to resolve: The professional may settle or deny the claim. If not resolved, you may need to pursue court action.

If you are a professional and a claim is brought against you, then we can help. If you are in this position, you need expert advice to resolve the issue. 

A litigation solicitor advises on legal strategy, negotiates settlements, prepares court documents, gathers evidence and represents clients in court proceedings. No matter the type of litigation you need help with, having a solicitor by your side is crucial to getting results. 

Our experienced professional negligence solicitors are ready to handle your disputes with care and expertise across a range of legal areas, including civil, commercial and professional claims. Contact our expert team to see if you have a good litigation claim or if a claim has been brought against you. Ring us on 01273 604 123, email us at enquire@bbc-law.co.uk, or make an enquiry.