Professional Negligence

“I understand that navigating the complexities of a property dispute can be daunting. I pride myself on providing a personalised and strategic approach to every case. I am here to guide and support you every step of the way.”

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.