A Guide To Professional Negligence
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Professional negligence is a specific type of negligence focused on the duty of care owed by a professional when carrying out their work. This guide explains what professional negligence is, how it arises, and what may give rise to a claim.
If you suffer financial loss or damage because a professional failed to meet the standard of care expected of them, you may be able to bring a professional negligence claim.
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What Is Professional Negligence?
When you hire a professional, you expect them to exercise a reasonable degree of care and skill. If they fail to do so, and their actions (or omissions) fall below the standard expected of someone with their expertise, they may have breached their duty of care.
A professional negligence claim seeks to show that:
- The defendant was acting as a professional
- They owed a duty of care
- They breached that duty
- The breach caused loss or damage
Professionals are held to a higher standard than non‑professionals because they possess specialist knowledge, training, or qualifications.
Examples of Professional Negligence
Professional negligence can occur across many industries. Common examples include:
- A business suffers serious data loss due to an IT provider’s errors
- Poor financial advice results in unexpected tax liabilities and penalties
- A builder’s poor workmanship leaves a property unsafe
- A personal trainer fails to check a client’s medical history, leading to injury
- A surveyor fails to identify structural issues in a property
- An accountant fails to advise on available tax relief
- A professional breaches confidentiality
- A consultant provides flawed business strategy advice
Medical negligence is treated separately under its own legal framework.
What Is Professional Negligence Law?
Professional negligence may arise from:
- Breach of contract (express or implied terms)
- Breach of duty of care under the tort of negligence
- Breach of fiduciary duty
- Breach of statutory duty
Claims may be brought by clients, but in some circumstances third parties may also have the right to bring a claim.
Professional negligence forms part of the English law of tort, which imposes civil liability for breaches of obligations.
Negligence vs Professional Negligence
Anyone can be negligent if they act carelessly. Professional negligence is different because:
- The defendant is a professional
- They are expected to meet a higher standard of care
- Their specialist skills create a greater duty toward clients
To succeed in a claim, the claimant must prove:
- Duty of care – the professional owed them a duty
- Breach – the professional failed to meet the required standard
- Causation and loss – the breach directly caused financial loss or damage
Is Negligence a Professional Liability?
Yes. If a professional’s negligent act or omission causes loss, they can be held liable.
Many professionals take out professional indemnity insurance to protect themselves against claims. This is mandatory for certain professions, including:
- Solicitors
- Accountants
- Financial advisers
- Architects
- Chartered surveyors
Insurance typically covers:
- Incorrect advice
- Breach of professional codes
- Loss of documents
- Breach of confidentiality
A claimant can still bring a negligence claim even if the professional is insured, the legal test remains the same.
Four Elements Of Professional Negligence
Breach of Duty of Care
The basis of a professional negligence claim is that a duty of care has been breached by the party in a position of responsibility.
Duty of care can be breached in many different ways, and that depends on the work you employed a professional to carry out. Broadly, a breach of duty of care may occur when the professional has failed in their responsibilities towards you; such as giving ill advice, not following your instructions correctly, failing to correctly sell or buy property, or making errors in legal documents.
Duty of Care
For a claim to be made, it’s important that a duty of care is established between the two parties involved in the dispute. Without this, there can be no claim of professional negligence.
A duty of care exists when the law recognises that one party has a responsibility towards another. In the case of professional negligence, you could have a signed contract or agreement of work showing that you employed an individual or organisation in a professional capacity, and they therefore had a duty of care towards you, their client.
Damages
You may only pursue a claim of compensation for professional negligence if you can prove that you’ve suffered damages.
This could be injury, a financial loss, or disruption to your career, professional or family life. Without proving that some form of damage exists, there are no grounds on which to claim financial compensation.
Causation
Finally, it must be proven that any financial loss or damage sustained by you (the claimant) was the direct result of a professional breaching their duty of care towards you (their client).
To prove these four elements, your case will need to be supported by appropriate documentation, evidence and witnesses to give you the strongest possible chance of a positive outcome.
Frequently Asked Questions (FAQs)
What counts as a “professional” for negligence purposes?
A professional is someone with specialist training, qualifications, or expertise – such as solicitors, accountants, architects, surveyors, IT consultants, or financial advisers.
Do I need to prove financial loss?
Yes. A professional negligence claim requires evidence of financial loss or damage directly caused by the breach of duty.
Is poor service always professional negligence?
Not necessarily. The service must fall below the standard reasonably expected of a competent professional in the same field.
Can I claim against someone even if I wasn’t their client?
In some cases, yes. Third parties may be able to claim if the professional owed them a duty of care.
Does having professional indemnity insurance affect my claim?
No. Insurance simply covers the professional’s liability. It does not change the legal test for proving negligence.
How long do I have to bring a claim?
Time limits vary, but professional negligence claims are often subject to a six‑year limitation period from the date of the breach. In some cases, the period may be extended if the negligence was discovered later.
What evidence do I need?
Useful evidence includes contracts, emails, reports, invoices, expert opinions, and documents showing what advice was given and what loss was suffered.
Is professional negligence the same as bad advice?
Not always. Bad advice becomes negligence only if it falls below the standard expected of a reasonably competent professional and causes loss.
Can professional negligence be intentional?
Negligence usually involves carelessness, not intent. However, reckless behaviour can also amount to negligence.