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A guide to professional negligence law
Sep 2024
Professional Negligence Law
7 MINS

A guide to professional negligence law

It’s very common to place a huge amount of trust in professional specialists. Think financial advisors, legal representatives and medical professionals just to name a few. But what do you do when that trust is broken, and their services fall below the expected standard or cause you harm?

This is where professional negligence law comes into play, providing a way for you to seek compensation and hold professionals accountable. If you’re in need of professional negligence support, it’s important to make sure you have the best legal team behind you.

Whether it's financial loss, reputational damage, or emotional distress, our professional negligence solicitors at Hay & Kilner are here to guide you through the legalities and help you seek professional negligence compensation.

A basic overview of professional negligence law

At its core, professional negligence law addresses situations where a professional has failed to perform their duties to the standard expected, resulting in harm to their client. This could involve an error, omission, or low-quality advice that leads to a financial or personal loss.

For example, if a solicitor fails to meet a critical deadline causing a case to be lost, or if an accountant provides poor advice that results in tax penalties, this could result in a professional negligence claim. You can claim as an individual or as a business, depending on the situation at hand.

The primary goal of professional negligence law is to ensure that the wronged party is compensated for their loss and that the professionals are held accountable.

What is professional negligence law?

Professional negligence law in the UK is centred around three critical components that need to be established for a claim to be successful.

  1. Duty of Care: The professional must have owed a duty of care to the client. This is an obligation to act with a certain level of skill, competence, and diligence.

  2. Breach of Duty: The professional must have breached that duty by failing to provide the expected standard of care or skill.

  3. Causation: The breach must have caused some form of damage, be it financial, personal, or reputational.

Unfortunately, it is not enough to show that a mistake was made. In this situation, the claimant must prove that the mistake directly led to the harm they suffered.

Professional negligence cases are incredibly intricate and fact-oriented, which is why working with the best professional negligence solicitors is key.

Where can professional negligence law come into play?

Professional negligence law can be applied to various sectors, including:

  • Legal Services: Solicitors who miss court deadlines, fail to advise clients correctly, or provide sub-standard representation.

  • Financial Services: Accountants, financial advisors, or bankers who give faulty financial advice, leading to significant losses.

  • Construction: Architects, builders, or surveyors who deliver defective work or mismanage projects.

  • Medical Services: Doctors, dentists, or other healthcare professionals whose substandard care leads to further injury or harm.

These examples highlight just a fraction of the many sectors covered under professional negligence law. The general rule is — if a professional’s actions (or inactions) fall short, it may result in a claim for professional negligence compensation.

What is a professional negligence solicitor and what do they do for the victim?

A professional negligence solicitor is an expert in handling cases where individuals or businesses have been let down by professionals. Their role is to help you understand whether you have a viable claim, assess the evidence, and represent you in seeking compensation.

At Hay & Kilner, our experienced professional negligence solicitors work closely with clients to build the strongest of cases. This includes investigating the professional's duty of care, determining where they fell short, and weighing up any losses.

We know that professional negligence cases can be complex and lengthy, but with the support of our expert solicitors, we hope that the process can become more manageable.

We’re proud to offer tailored advice at every step, ensuring you have the best possible chance of success.

Key terms and definitions in professional negligence law

To better understand professional negligence claims, it’s important to grasp a few key legal terms. Below are some of the most commonly used terms.

  1. Duty of Care

A legal obligation of a professional to act in the best interests of their client, ensuring they provide competent advice and service.

  1. Breach of Duty

When a professional fails to meet the expected standard of care, resulting in harm or loss to the client.

  1. Causation

The direct link between the professional’s breach of duty and the harm suffered by the client.

  1. Limitation Period

The timeframe within which a professional negligence claim must be brought. In the UK, this is usually six years from the date of the breach or from when the claimant becomes aware of it.

  1. Quantum of Damages

The amount of compensation that may be awarded to the claimant, depending on the extent of the loss suffered.

Understanding these terms will give you a clearer idea of how professional negligence law operates and what is involved in pursuing a claim.

Get legal professional negligence advice and support from our solicitors

If you believe you’ve suffered from professional negligence, taking action sooner rather than later would be our best advice. Whether you need advice or representation, our experienced team is here to help you navigate the legal complexities and secure the compensation you deserve.

Don’t hesitate to get in touch with us today to learn more about how we can support you in your professional negligence claim.

Ready to take the first step? Contact our professional negligence solicitors now for a confidential discussion and let us help you get the justice you deserve.

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‘Hay & Kilner’ and ‘Hay & Kilner Law Firm’ are both trading names of Hay & Kilner LLP, a limited liability partnership registered in England & Wales with registered number OC418767. Our registered office is at The Lumen, St James' Boulevard, Newcastle Helix, Newcastle upon Tyne NE4 5BZ and we are authorised and regulated by the Solicitors Regulation Authority (Authorisation number 643191). We use the word ‘partner’ to refer to a member of Hay & Kilner LLP. A list of the members is available at our registered office.