Professional Negligence

Professional negligence occurs when a professional fails to perform their responsibilities to the required standard.

You may bring a claim against a professional if you have suffered loss or damage due to the professional’s advice or actions. In property disputes, the professional may include:

An estate agent;
A surveyor;
A conveyancer;
A construction contractor;
An architect.

Professionals are required to act with competence in accordance with their own regulatory bodies and professional standards. There may be grounds for a professional negligence claim if the professional falls below those standards.

What are the grounds for bringing a professional negligence claim?

The tort of negligence has three basic requirements which must be proved by the client on a balance of probabilities (i.e., more likely than not):

The professional owed the client a duty not to cause the type of harm suffered;
The professional breached the duty owed; and
The professional’s breach of duty caused the client to suffer loss which is recoverable.

As a general rule, professionals are taken to have assumed responsibility towards their clients and so owe a duty of care.

The client will need to show that the professional did not comply with the standard of care owed. Broadly, this will involve evidence that the professional made an error that no reasonable member of that profession would have made, in the same circumstances. In most cases, expert evidence will be required to support the claim.

We can represent clients seeking to bring a claim for professional negligence, including providing expert legal advice on the merits of your case.

How much compensation can be claimed?

A successful claim of negligence would entitle you to compensatory damages. The aim of an award of damages is to put you in the position you would have been in if the professional had acted competently.

The amount of damages will be based on the financial loss caused by the professional’s negligence. For example, as a result of a negligent contractor’s actions, your property value may have decreased or you may have needed to enlist another professional to rectify the situation.

We can provide expert legal advice on the amount of damages you can expect to recover in a professional negligence claim.

Can a professional avoid liability?

Professionals often seek to restrict liability for loss and damage by inserting an exclusion or limitation of liability clause in the contract.

To be effective, the clause must be incorporated into the contract and brought to the attention of the other party before the contract is concluded.

However, under the Unfair Contract Terms Act 1977, parties do not have complete freedom to insert exclusion clauses into contracts. A clause purporting to exclude or restrict liability for any damage must be reasonable and the court will consider the bargaining powers of each party.

We can advise you on the enforceability of an exclusion or limitation of liability clause, to determine your right to bring a professional negligence claim.

We’re with you, every step of the way.

We’re here to guide you through the intricacies of litigation, resolve disputes efficiently, and help you achieve your outcome.

Call 020 7963 8687

Testimonials

Our team is composed of dedicated and accomplished legal professionals, each bringing their unique expertise to the table.

          
   Mustafa Kalaycı 
 21/01/2024
 
 
  The most honest, hardworking, and fully professional law firm I have encountered or worked with. Despite speaking different languages, they effectively understand you through their interpreters, find the best advisors to assist you, and acquire the necessary information. They create a friendly, family-like atmosphere with a straightforward approach, particularly in litigation expertise. My gratitude goes to all the staff involved, especially James Naylor and Jenny Cheung, for their dedication. Thanks for everything.  Mustafa KALAYCI
  
 
       
   Pauline 
 12/09/2023
 
 
  I used Naylor Solicitors to help us purchase  our freehold. It wasn't as straightforward as we'd hoped as the previous freeholder and his solicitors were difficult to deal with (not responding to calls or emails etc,) which delayed things. At one point the freeholder threatened to pull out of the sale despite previously agreeing. Our solicitor Adam was swift in his response, reminding the other side that we had a verbal agreement and that they were risking us taking  legal action in that regard.  He was then able to make sure the sale went through as agreed.
I highly recommend Naylor Solicitors.
  
 
       
   Simon Grey 
 06/09/2022
 
 
  We found Naylors after talking to a few solicitors and they sounded the most knowledgeable. They helped us with a neighbour dispute. Dominika was fabulous throughout, and we were able to resolve a long standing issue. We would like to thank Dominika for all her help and support.
  
 
       
   Simon Hill 
 09/04/2022
 
 
  I was the main client contact of 60+ objectors on a breach of restrictive covenants case in Hertfordshire lasting several years. Naylors had been recommended by our QC and were superb throughout. We won the case convincingly. Would certainly recommend them.
  
 
       
   Farook Paracha 
 07/01/2022
 
 
  Dedicated and professional firm with the Clients interest at the forefront. Clear and unambiguous advice for a complicated legal matter expanding over several months. Naylor’s agreed to represent us  clients at a time when we had completely lost all hope from keeping our property safe from forfeiture. We couldn’t see the light at the end of the tunnel. Despite this we always felt confident and in control with the quality of advice and our legal cost. I would definitely recommend Naylor’s LLP to everyone I know. Special thanks to Dominika, Nikki & Jasper.
Regards
Farook Paracha
  
 
       
   Frazer A-F 
 23/08/2021
 
 
  We have been dealing with with Dominika Libova at Naylors for the past year on a dispute, we have been really pleased with the service she has provided. Dominika was approachable, friendly, professional and knowledgable, supporting us every step of the way. Fees were agreed in advance at every stage and where honoured, even reducing fees on a couple of occasions to meet the estimates. I would highly recommend Dominika and the Naylor's team.
  
 
       
   Yannick Schindler 
 01/06/2021
 
 
  Dominika and her firm recently secured a good outcome for me in a property dispute and I highly recommend her. Whenever I spoke with Dominika on the phone, it was very clear to me that she had considered the matter very carefully and I was impressed with her attention to detail. I particularly valued her ability to respond very quickly and pragmatically to new, and sometimes unexpected, developments during litigation. She was also very skilled at developing strategies before and during litigation to achieve desired results while keeping costs low. Dominika made the impression of being a very adept and motivated litigator and throughout the entirety of the matter I was very, very happy to have her in my corner.
  
 
       
   claire bryant 
 16/11/2020
 
 
  From start to end our experience of Naylor solicitors and Dominkia in particular, was faultless. They are a very professional firm. Dominika was incredibly knowledgeable in this specialist area we sought advice in (ROL), listened and acted upon our wishes, but also was very helpful in guiding us in taking the right course of action. Communication was always timely without any delay and she always made the time to explain matters that we needed extra clarification over. I highly recommend.
  
 
  
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