Professional Negligence
Professional Negligence Solicitors Expert Claims Advice
Professionals are expected to perform their duties with care and skill. When a professional advisor, such as a solicitor, accountant, architect, surveyor, or financial adviser, fails to meet the standards of their profession and causes you loss, this is known as professional negligence. Carruthers Law is a specialist law firm with extensive experience in professional negligence claims. Based in Liverpool (and acting for clients nationwide), our professional negligence solicitors have a proven track record of helping individuals and businesses across England and Wales recover compensation from negligent professionals. We offer authoritative guidance, draw on decades of expertise, and pursue claims tenaciously to achieve justice for our clients.
Expert Advice on Professional Negligence Claims: If you’ve suffered financial loss due to a professional’s negligence, our specialist solicitors can help. Contact us for a free, no-obligation consultation. Get Free Advice Today Or call us directly on 0151 541 2040 or 0203 846 2862
What Is Professional Negligence?
Professional negligence occurs when a qualified professional breaches their duty of care to a client by providing services below the standard expected of a reasonably competent professional, resulting in client loss. In practical terms, you must prove that:
- The professional owed you a duty of care,
- They breached that duty by acting (or failing to act) in a way no competent professional would, and
- This breach caused you to suffer loss.
For example, a solicitor missing a critical court deadline or a surveyor overlooking serious structural defects are failings that likely fall below professional standards. If those errors cause you financial harm, you may have grounds for a claim. All regulated professionals carry professional indemnity insurance, so any compensation would typically be paid by their insurer (not from the individual’s pocket), ensuring that you can recover your losses if your claim succeeds.
Professional negligence claims can arise in any sector. Clients commonly seek our advice on legal negligence, financial negligence, property-related negligence, construction negligence. In all cases, the core principles are the same. The professional’s conduct is judged against what a reasonably competent professional in that field would have done. If their conduct fell short and you suffered loss as a result, the law entitles you to seek redress. Carruthers Law can assess your situation and advise if the four key elements (duty, breach, causation, loss) are present for a successful claim. See our detailed guide to bringing a Professional Negligence Claim.
Professional Negligence Claims We Handle
Our solicitors handle claims against a wide range of professionals, including those in the legal, financial, property, construction, and medical fields. Below are typical sectors and scenarios in which professional negligence claims arise:
Solicitors Negligence (Legal Professionals)
Negligence by a solicitor or barrister can have serious consequences, as clients rely on legal professionals to protect their rights. Solicitors owe a duty to exercise “reasonable care and skill” when acting for clients. If a solicitor’s error is one that no reasonably competent lawyer would have made, and you suffer a loss, you are entitled to hold them to account.
Common examples include: missing court deadlines or limitation dates, which can cause you to lose the chance to pursue a claim;
Undersettling a claim or giving incorrect legal advice, leading you to accept an inadequate outcome;
Negligent drafting of legal documents or contracts, resulting in unintended liabilities; or mishandling a property transaction (conveyancing negligence).
In fact, conveyancing errors account for the largest number of negligence claims against solicitors. For instance, a solicitor might fail to conduct proper searches or advise of critical issues like rights of way, planning.See our page on Conveyancing negligence claims.
Other scenarios include negligence in will preparation or probate (e.g. drafting an invalid will or mishandling an estate), and negligence in handling litigation or employment cases (e.g. suing the wrong party or missing an employment tribunal deadline). See our article on limitation dates
Carruthers Law has particular expertise in solicitors’ negligence claims. We have over 30 years’ experience pursuing claims against law firms and barristers. We understand the legal duties solicitors owe and how to prove a breach of those duties. If your solicitor let you down, we can advise on making a claim for professional negligence (see our dedicated page for more detail on this service). We also specialise in negligent conveyancing cases – helping clients who have been adversely affected by property transaction mistakes. Our team will assess your case and fight to recover any losses caused by your solicitor’s failings.
Accountants, Financial Advisers & Other Financial Professionals
Clients trust accountants, financial advisers, bankers, and insurance brokers with their finances and investments – but mistakes in these fields can be devastating. Accountants’ negligence often involves incorrect tax advice or missing important filing deadlines, leading to fines, penalties or overpaid tax. For example, an accountant might fail to claim available tax reliefs or submit accounts late, causing you financial loss. Financial advisers’ negligence typically involves poor investment advice or mis-selling of financial products. You might have been advised to invest in a high-risk or inappropriate scheme that was unsuitable for your needs, or not warned about the risks and fees involved. We see cases of advisers recommending products that benefit them (via commission) rather than the client, or advising pension transfers, mortgages or insurance policies that were not in the client’s best interest. Failure to explain crucial risks or terms can also be negligent – for instance, not informing a client that an investment could lock their money away or incur large penalties. Financial professionals must adhere to standards set by regulators like the FCA, and a breach of those can bolster a negligence claim. Carruthers Law’s team includes specialists in financial negligence claims – we understand complex investment products, regulatory duties, and industry practices, enabling us to identify where advisers or institutions went wrong. We have helped clients recover losses from mis-sold investments, negligent pension advice, insurance broker errors, and banking negligence (such as a bank’s wrongful handling of a loan or security). If you have suffered financially because a financial professional gave substandard advice or service, we can evaluate your case and pursue a claim to recover your losses (learn more on our page).
Surveyors, Valuers & Property Professionals
Surveyors, valuers, and estate agents play a crucial role in property transactions by providing expert assessments of property condition and value. When a surveyor fails to exercise due care in a survey or valuation, the financial impact on a buyer or property owner can be severe. Surveyor negligence includes errors like overlooking serious structural defects (e.g. subsidence, damp, roof issues) during a building survey or providing an incorrect property valuation that leads a purchaser to overpay. Other common failings are neglecting to inspect key areas of a property, missing legal issues (such as boundary problems or rights of way), or not recommending further specialist inspections when warning signs are present. A negligent survey can leave the buyer facing unexpected and substantial repair costs, a property worth far less than the price paid, or even unsafe living conditions. Similarly, valuers and estate agents may be negligent if they misrepresent a property’s value or features, or fail to disclose known problems, causing financial loss to clients. At Carruthers Law, we have significant experience with claims against surveyors and property professionals. We are well-versed in the standards set by the Royal Institution of Chartered Surveyors (RICS) and case law (for example, the Court of Appeal’s decision in Large v Hart [2021], which affirmed full compensation for buyers in cases of negligent surveys). Our solicitors will help you prove where the surveyor or valuer fell short and obtain expert evidence to support your claim. If a bad survey or valuation has cost you money, we will work to ensure you receive proper compensation for the diminution in value, repair costs, and related losses. (See our page for further information on how we assist with these cases.)
Architects & Construction Professionals
Negligence in the architecture and construction arena can result in defective buildings, cost overruns, and project delays. Architects, as well as structural engineers or project managers, owe a duty to deliver services with the competence expected in the construction industry. If your architect or contractor failed to meet expected standards, and you incurred loss as a result, you may have a claim. Examples of architects’ negligence include: producing inadequate or flawed designs/plans, resulting in structural problems or failure to obtain planning permission; incorrect advice on building regulations or materials; failing to oversee a project properly, leading to substandard work by builders; or poor project management, causing budgets or timelines to spiral out of control. An architect should design to the required specifications and keep the project within agreed constraints – if they deviate from instructions or industry norms, the client can suffer financially (e.g. the cost of remedial works, or the expense of delays and redesigns). Likewise, engineers or surveyors involved in construction can be negligent by approving unsafe work or missing glaring defects. Carruthers Law can assist with professional negligence claims in construction, including claims against architects, engineers, quantity surveyors, and other consultants. These claims often involve technical evidence and may follow a specific Pre-Action Protocol for Construction Disputes. Our team will engage the right experts to review what went wrong and build a robust case. Whether your architect’s mistake led to a structural issue or your project manager failed to catch contractor errors, we will seek to hold them accountable and recover the cost of putting things right. (Read more on our page.)
Other professionals can also be held liable for negligence, from insurance brokers who arrange the wrong coverage, to consultants or advisors in niche fields whose bad advice causes financial loss. The team at Carruthers Law is experienced in evaluating any claim against a professional. If you’re unsure whether the poor outcome you experienced was due to professional negligence, we are happy to review the circumstances. We will quickly tell you if you have a viable claim and the best approach to take. Ultimately, if you have been let down by any trusted professional, don’t hesitate to seek our advice on your legal options.
How to Bring a Professional Negligence Claim
Bringing a claim against a professional can seem daunting, but our solicitors will guide you through each step and handle the process for you. In the UK, professional negligence claims follow a structured procedure designed to encourage resolution without court, where possible. Carruthers Law will support you at every stage, making the process as smooth and stress-free as possible. The typical steps in a professional negligence claim are:
Pre-Action Protocol – Letter of Claim:
We begin by following the Professional Negligence Pre-Action Protocol. This involves preparing a detailed Letter of Claim to the professional (and their insurer), setting out your allegations, the facts, and the loss you have suffered. This letter formally notifies the defendant of your claim and invites their response. Once the letter is sent, the professional (or more often their insurer/solicitor) is expected to acknowledge it within 21 days and then provide a full written Letter of Response within 3 months. In their response, they may admit liability (in whole or part), deny the claim, and/or make a settlement offer. This pre-action exchange allows both sides to understand the issues and often paves the way for an early settlement. Our team will ensure your Letter of Claim is comprehensive and persuasive, and we will handle all correspondence with the other side. We’ll keep you informed of any admissions or offers and advise you on the next steps based on the defendant’s reply. See our Guide to the Professional Negligence Pre-Action Protocol.
Settlement Discussions and Alternative Dispute Resolution (ADR):
Once the initial exchange of letters is complete, we proactively seek to resolve the claim without court proceedings wherever possible. If the professional admits fault or makes a reasonable offer, we can often negotiate a settlement at this stage. Even if they deny liability, there is usually an opportunity for further negotiations or mediation. Our solicitors are skilled negotiators and will vigorously pursue the maximum compensation to fully compensate you for your losses. We may recommend a mediation session – a without-prejudice meeting where an independent mediator helps the parties reach a compromise. Many professional negligence claims settle through correspondence or ADR once the facts are on the table, avoiding the time, cost, and stress of a trial. We will advise you on any settlement proposals and whether they are fair. You remain in control – we will only settle if you are satisfied with the outcome. By striving for an early settlement, we aim to save you the expense and uncertainty of litigation; however, we prepare every case thoroughly as if it may go to court, to ensure the other side knows we mean business. See our Guide to ADR.
Court Proceedings (Litigation):
If the claim cannot be resolved by agreement, we will issue court proceedings to protect your position and seek a judgment in your favour. Going to court is usually a last resort – the majority of negligence cases settle before reaching trial, but rest assured that if litigation is necessary, we are fully prepared to represent you. We will draft the formal legal documents (Particulars of Claim, etc.), comply with all court procedures, and manage the case efficiently through the litigation timetable. Our experienced litigators will present a robust case, supported by evidence and expert testimony as needed, to prove the professional’s negligence and the extent of your loss. We will guide you through each stage of the court process, from issuing the claim form, through any interim hearings (e.g. case management, summary judgment applications), to the final trial. Throughout, we continue to explore settlement opportunities – even after proceedings start, the defendant may come forward with an improved offer. If your case does proceed to trial, you can be confident that we will advocate fiercely on your behalf to secure the compensation you deserve. And if the result is not as hoped, we’ll advise on appeals or further options. See our Guide to a Litigation claim and The Courts System and Court tracks.
Time limits:
It is very important to note that strict time limits (limitation periods) apply to professional negligence claims. In England and Wales, the standard limitation period is six years from the date of the negligent act or omission. For example, if an accountant gave you bad advice in 2019, you would typically have until 2025 to start court proceedings. If you miss this deadline, you generally lose the right to claim. However, there are exceptions: if you did not discover the negligence until later, you have up to three years from the date you first knew (or could reasonably have known) of the negligence to bring a claim. This is known as the “date of knowledge” provision – often relevant in cases where the mistake only comes to light years later. Even with this extension, an ultimate long-stop deadline of 15 years from the negligent act applies in most cases (meaning you cannot sue 20 years later even if you only just discovered the problem, barring fraud or concealment by the professional). Because limitation issues can be complex, it is crucial to seek legal advice as soon as you suspect negligence. Our solicitors will quickly assess the timeline of events and advise you on the applicable deadlines. Do not delay – even if you think you might be out of time, speak to us, as there may be arguments to extend or disapply time limits in certain circumstances. Acting promptly not only preserves your claim but also makes it easier to gather evidence and build a strong case. Time limits (limitation periods)
Why Choose Carruthers Law for Your Professional Negligence Claim?
Choosing the right solicitor is crucial when bringing a claim against a professional. At Carruthers Law, we offer an authoritative, client-focused service backed by decades of success in this complex area. Here are some reasons to entrust your case to us:
Unrivalled Experience and Expertise: We have over 30 years’ specialist experience in professional negligence law. Our team, led by senior solicitors, has handled high-value, complex cases against a wide range of professionals. We understand the nuances of negligence claims in sectors from legal and financial services to construction and surveying. We’re also proud members of the Professional Negligence Lawyers Association (PNLA), reflecting our dedication to this field and keeping us at the forefront of recent developments.
Proven Track Record: Our solicitors have a strong track record of successful claims against solicitors, barristers, accountants, surveyors, architects, financial advisers and other professionals. We know the tactics insurers and defence lawyers use, and we know how to counter them effectively to secure the best outcome. Many clients come to us after being let down by a trusted adviser – we work tirelessly to put things right and have recovered substantial compensation on their behalf.
Personalised Service: As a boutique firm, we offer a highly attentive service. Your case will be handled directly by a specialist solicitor – not passed down to unqualified staff. We maintain close communication, keeping you informed at every stage. We understand that pursuing a claim against a former adviser or professional can be daunting; our team is approachable and will clearly explain the process in plain English. You will have a dedicated lawyer who genuinely cares about your case and is reachable when you need advice or updates.
No Win, No Fee Options: We believe everyone deserves access to justice. To ease any financial worries, we can often act on a “no win, no fee” basis (Conditional Fee Agreement) for professional negligence claims. This means you pay nothing upfront, and if the case is unsuccessful you won’t have to pay most fees at all. If we take your case on this basis, it’s because we are confident in its merits and committed to winning you the compensation you deserve. We will also check whether you have legal expenses insurance that might cover your claim. Our goal is to enable you to pursue your claim without financial risk, and we only get paid when you win – aligning our interests with yours.
In summary, Carruthers Law offers the ideal blend of experience, expertise, and client care. We are an award-winning firm (recognised as Professional Negligence Law Firm of the Year) and have the knowledge and resources to take on the toughest of cases. You can trust our professional negligence team to handle your claim with the utmost skill and determination to achieve a fair result.
Further Reading
- Solicitors’ Negligence & AI: Ayinde v Haringey & Al-Haroun v QNB Judgment Analysis
- Solicitors negligence case law
- Claims Against Solicitors
- Claims Against Surveyors
- Claims Against Financial Advisers
- Claims Against Architects
- Claims Against Accountants
- Conveyancing Negligence Claims
Contact Our Professional Negligence Team
Contact Carruthers Law today for a free, no-obligation consultation. Call us on 0151 541 2040 or 0203 846 2862, or complete our online enquiry form. Let us help you secure the compensation you deserve.
