The TSP Dispute Resolution team has a wealth of experience defending professionals, such as accountants and surveyors, against professional negligence claims.
Professional negligence is a common law tort (a civil wrongdoing) and occurs where a professional such as a solicitor, accountant, or surveyor for example, has failed to perform their responsibilities to the required standard.
If a claimant is to succeed in bringing a claim against a professional for professional negligence then they will need to demonstrate that
- He or she was owed a duty of care by the defendant professional
- That the professional breached that duty of care, and
- That the breach caused a loss to the claimant
The court has introduced a number of pre-action protocols – a prescribed set of procedures that they expect parties to a dispute to have followed before issuing proceedings. There is a pre-action protocol that applies to professional negligence claims.
This applies to claims against all professionals, apart from
- Architects, engineers and Quantity Surveyors – the construction dispute protocol is used in this case
- Healthcare providers – the pre-action protocol for the resolution of clinical disputes should be used
- Defamation – the defamation protocol should be used
If you are a professional and find yourself facing a claim the TSP Dispute Resolution team can help. Contact them here.