Professional negligence claims against advisers who got it wrong.
Claims against solicitors, surveyors, accountants, architects, brokers and financial advisers, for claimants and for defendants. Panel members authorised to conduct litigation can run the claim from pre-action protocol to trial.
A professional negligence claim turns on three questions. What was the professional retained to do, did the advice or work fall below the standard of a reasonably competent practitioner in that field, and what loss flowed from the failure that would not otherwise have been suffered. Each is evidential, and each needs to be addressed before the letter of claim rather than after.
Clerk&Counsel places independent barristers on professional negligence disputes for individuals, executors, property owners, companies and insurers. We are a clerking agency, not a chambers and not a firm of solicitors, and the retainer sits directly between you and the barrister.
Several members of our panel hold a litigation extension from the Bar Standards Board and can therefore conduct litigation on this type of claim. They can be named on the court record, comply with the Professional Negligence Pre-Action Protocol, issue and serve, run disclosure, instruct the expert and appear at every hearing. For a claimant without a solicitor that removes a whole layer of cost and handover.
Professionals we bring and defend claims against.
- Solicitors and licensed conveyancers, including missed limitation, defective conveyancing and negligent advice on settlement.
- Surveyors and valuers, including overvaluation, missed defects and negligent homebuyer reports.
- Accountants and tax advisers, including negligent tax planning and failed schemes.
- Architects, engineers and other construction professionals.
- Financial advisers, mortgage brokers and insurance brokers.
- Will drafters and estate administrators, including claims under the principle in White v Jones.
- Barristers, where earlier counsel's advice is said to have been negligent.
One barrister, from protocol letter to judgment.
The Professional Negligence Pre-Action Protocol requires a preliminary notice, a detailed letter of claim, and a defined window for the professional and their insurer to investigate and respond. It is a demanding stage that rewards precision, because the allegations pleaded later are usually shaped by what is said in that letter.
A barrister with a litigation extension can handle the whole of it, then issue proceedings if the response is unsatisfactory, deal with directions and disclosure, instruct the independent expert whose evidence usually decides breach, and conduct the trial. You deal with the same person throughout, and the analysis that went into the letter of claim is not lost in a handover.
Where the claim is document heavy, or where several defendants and insurers are involved, a solicitor led team may be the better structure. We will tell you which we think fits before you instruct.
Proving breach, causation and loss.
Breach almost always requires expert evidence from a practitioner in the same discipline, who will address what a reasonably competent professional would have done at the relevant time. Choosing the right expert, and framing their instructions properly, is one of the most influential decisions in the case.
Causation is where many claims fail. It is not enough to show poor work. You must show that competent advice would have led to a different outcome, and that the loss claimed falls within the scope of the duty the professional assumed, following the approach confirmed by the Supreme Court in Manchester Building Society v Grant Thornton and Khan v Meadows.
Loss is then quantified against the counterfactual, with credit for benefits received and an allowance for any contributory fault. In lost litigation cases the court assesses the loss of a chance, which requires a realistic view of what the underlying claim was worth.
Limitation in negligence claims.
The primary period is six years from the date the damage was suffered, which is not always the date of the advice. Section 14A of the Limitation Act 1980 can extend that to three years from the date the claimant had the knowledge required to bring the claim, subject to a long stop of fifteen years.
Limitation arguments are technical and frequently decisive, so a claim that looks stale is still worth a short assessment rather than an assumption. Where time is tight, a protective claim form can be issued and served later within the four month window while the protocol steps are completed by agreement.
Specialist areas within this practice.
Been let down by a professional adviser?
Send the retainer, the advice complained of and a short chronology. We will come back with a merits route, fee basis and whether a litigation authorised barrister can run the claim end to end.
Common questions.
Can a barrister conduct a professional negligence claim for me?
Yes, where the barrister holds a litigation extension. They can send the protocol letters, issue and serve proceedings, run disclosure and expert evidence and conduct the hearings, with no solicitor on the record. We confirm at the outset whether the counsel proposed is litigation authorised.
What is the time limit for a professional negligence claim?
Usually six years from the date the loss was suffered, with a possible extension of three years from the date of knowledge under section 14A of the Limitation Act 1980, subject to a fifteen year long stop. Take advice early if the dates are close.
Do I need an expert?
In most cases yes. Breach of duty is judged against what a reasonably competent professional in the same field would have done, and the court expects that to be addressed by an independent expert of the same discipline.
Will the professional's insurer defend the claim?
Almost always. Professional indemnity insurers take conduct of these claims, which means the response is usually well resourced and the pre-action letter needs to be prepared accordingly.
How much does a professional negligence barrister cost?
Discrete work such as a merits advice, a letter of claim or particulars is quoted as a fixed fee. Hearings are quoted as a brief fee with refreshers for longer listings. Everything is priced before the work starts.