Professional Negligence

Equally, we can help your business pursue a claim if you feel that you have been given the wrong advice. It’s likely that your business relies heavily on advice from professionals, such as accountants, solicitors, or financial advisors, whom you trust to provide accurate guidance. If your business has suffered due to poor professional advice, you may be entitled to seek compensation.

What is professional negligence?

Professional negligence is a civil wrongdoing that occurs when a professional fails to meet the required standard of performance in their duties. This could include solicitors, accountants, surveyors, and others. If a claimant is to succeed in their case, they must demonstrate three key elements:

• The defendant professional owed them a duty of care.
• The professional breached that duty of care.
• The breach directly caused a loss to the claimant.

Pre-action protocols

To ensure fairness and efficiency in legal proceedings, the court has implemented pre-action protocols. These are a set of prescribed procedures that parties are expected to follow before initiating formal proceedings. For professional negligence claims, a specific pre-action protocol applies.

However, it’s important to note that different protocols may apply in certain situations:

• For claims against architects, engineers, and Quantity Surveyors, the construction dispute protocol is used.
• Healthcare providers are subject to the pre-action protocol for the resolution of clinical disputes.
• Defamation cases are governed by the defamation protocol.

If you’re a professional facing a claim of professional negligence, or if your business wants to pursue a professional negligence claim after receiving poor advice which has had a detrimental effect on your business, don’t hesitate to reach out to our team at TSP Dispute Resolution. We understand the complexities of these cases and provide you with the guidance and representation you need. Contact us today to discuss your situation and how we can assist you.

Our Fees

Once we have a full understanding of the issue you are facing, we will provide an estimate of costs. Our aim is to support you by offering you advice on your commercial dispute at a cost-effective price.

Speak with our Dispute Resolution Solicitors in Colchester or Clacton

We’re here to support you, no matter your circumstances. Arrange an appointment today: