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.