When Professionals Let You Down: Making a Negligence Claim
We trust professionals — lawyers, accountants, surveyors, architects and others — to give us expert advice. But when that trust is broken and you suffer a loss as a result, you may have a professional negligence claim. This guide explains how these claims work and what you can do if a professional lets you down in England and Wales.
What is professional negligence?
Professional negligence occurs when a professional fails to perform their duties to the standard expected, and this causes you financial or other loss. To make a claim, you must prove:
- The professional owed you a duty of care
- They breached that duty by falling below accepted standards
- This breach caused you to suffer a loss
Common types of professional negligence
- Solicitors: Missing court deadlines, giving incorrect legal advice, mishandling conveyancing, under-settling claims
- Accountants: Filing incorrect tax returns, poor financial advice, failing to spot fraud
- Surveyors: Missing serious defects in property reports or valuations
- Architects: Design errors, planning permission issues, health and safety failings
- Financial advisors: Recommending unsuitable investments or pensions
- Insurance brokers: Failing to arrange proper cover or misrepresenting policies
Time limits – act quickly
You usually have 6 years from the date the negligence occurred to bring a claim. If you only discover the problem later, you may have up to 3 years from the date of knowledge — but there’s a final cut-off at 15 years.
Always get legal advice as soon as possible. Time limits are strict, and waiting too long may mean losing your right to claim.
What can you claim for?
You can claim for financial losses directly caused by the negligent advice or service. This might include:
- Money lost on a property transaction or investment
- Costs of correcting mistakes
- Missed opportunities
- Legal fees or penalties incurred due to the error
In some cases, you may also be able to claim for:
- Distress and inconvenience (in limited circumstances)
- Loss of reputation or future earnings
Steps to making a claim
- Get legal advice – These claims are complex. A solicitor experienced in professional negligence can assess your case and advise on strategy.
- Gather evidence
- Retainer letters or contracts
- Written advice or reports
- Emails and correspondence
- Financial documents showing your loss
- Letter of claim – Your solicitor will send a formal letter setting out:
- What went wrong
- Why the professional was negligent
- How much you are claiming
- Letter of response – The professional (or their insurer) must reply within a set time, accepting or denying liability.
- Negotiation and settlement – Most claims are resolved out of court. Settlement may involve compensation and costs.
- Court proceedings – If settlement fails, your solicitor may advise issuing a claim in the civil courts.
Professional indemnity insurance
Most professionals are required to carry insurance to cover negligence claims. If successful, your compensation is usually paid by their insurer — not the individual.
Alternatives to legal action
In some cases, it may be quicker and cheaper to resolve issues through:
- Complaints to the professional’s regulatory body (e.g. SRA, ICAEW, RICS)
- Ombudsman schemes (e.g. Legal Ombudsman, Financial Ombudsman)
- Mediation or alternative dispute resolution (ADR)
However, ombudsmen can’t award as much compensation as a court, and time limits may still apply.
Costs and funding
Options to fund your claim include:
- “No win, no fee” agreements (Conditional Fee Agreements)
- Legal expenses insurance (check your home or business policy)
- Damages-based agreements
- Private funding
Ask your solicitor to explain your options and provide a clear estimate of costs before starting.
Disclaimer
This article provides general information about professional negligence law in England and Wales as of April 2025. It is not legal advice, and laws can change. Your individual circumstances may affect how the law applies to your situation.
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