Professional negligence
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Justin Emerson Partner |
Even the most qualified professionals can make mistakes and leave you significantly out of pocket. If you think you’ve been let down by a professional, talk to us about making a claim.
We regularly pursue successful claims against solicitors, surveyors, architects, accountants, engineers and their professional bodies. Our experienced solicitors have years of experience and we are the most trusted legal firm in Essex, so you can trust Gepp to see your claims through to the very end.
However low – or high – the claim value, we’ll work hard to bring you the best possible outcome. We can talk you through your options – and if your case is strong enough, we offer a ‘no win no fee’ agreement to give you the piece of mind you need to continue on with your claim, regardless of your current financial situation.
Professional Negligence FAQs
What is Professional Negligence?
Professional negligence occurs when a professional fails to exercise the standard of care, skill, and diligence that would be expected of a reasonably competent professional in their respective field, resulting in harm to the client or a third party. In the UK, professional negligence claims may be pursued under common law, specifically tort law.
How is duty of care established in Professional Negligence cases?
In the UK, establishing a duty of care often relies on the principles outlined in the landmark case of Donoghue v Stevenson [1932] UKHL 100. A claimant must demonstrate that the professional owed them a duty of care, that this duty was breached, and that the breach resulted in a foreseeable loss. Generally, a contractual relationship or reliance on professional advice may establish this duty.
What are the time limits for bringing a Professional Negligence claim?
Under the Limitation Act 1980, claims for professional negligence generally must be brought within six years from the date on which the negligent act or omission occurred. Alternatively, it may be three years from the date the claimant became aware of the negligence, known as the ‘date of knowledge’. However, time limits can vary depending on the specifics of the case.
What types of losses can be recovered in a Professional Negligence claim?
In a professional negligence claim, a claimant may seek to recover both economic and non-economic damages. Economic damages may include loss of earnings, loss of profit, or costs incurred as a result of the negligence. Non-economic damages may involve compensation for emotional distress, though these are less commonly awarded in professional negligence cases in the UK.
Are there any defences available to professionals accused of negligence?
Yes, a common defence is the ‘Bolam test’, established in Bolam v Friern Hospital Management Committee [1957] 1 WLR 582. According to this test, a professional is not negligent if they acted in accordance with a practice accepted as proper by a responsible body of professionals skilled in the relevant field.
Can a professional limit their liability for negligence?
In some instances, professionals may attempt to limit their liability through clauses in their contracts. However, under the Unfair Contract Terms Act 1977, such clauses must be reasonable and fair to be enforceable. Even if included, they may not always protect against a claim of negligence.
Is Professional Indemnity Insurance mandatory?
While it is not a legal requirement for all professionals in the UK, certain regulated professions like solicitors, architects, and accountants are mandated by their respective governing bodies to maintain professional indemnity insurance to cover potential negligence claims.
Can a Professional Negligence claim be settled out of court?
Yes, parties can engage in alternative dispute resolution mechanisms, such as mediation or arbitration, to resolve professional negligence claims without resorting to litigation. This often results in a quicker, less expensive resolution.
What is Contributory Negligence in Professional Negligence claims?
Contributory negligence arises when the claimant has partially contributed to the harm they suffered through their own negligence. In such cases, the damages awarded may be reduced in proportion to the claimant’s level of fault, as per the Law Reform (Contributory Negligence) Act 1945.
How does one start a Professional Negligence claim?
Typically, the process commences with a ‘Letter of Claim’ outlining the alleged negligence and resulting loss. This is in accordance with the Pre-Action Protocol for Professional Negligence. Parties are encouraged to disclose relevant documents and negotiate a settlement before proceeding to court.
For more information on our professional negligence services contact our Chelmsford office
If you want to find out more about the services we can offer you, please feel free to get in touch with our professional negligence solicitors in Chelmsford.
Call us
Main number: 01245 228101
Email us
Main email: emersonj@gepp.co.uk
With Gepp Solicitors you’ll be in experienced hands. Our dedicated team has been handling all kinds of disputes for many years.
With Gepp Solicitors you’ll
be in experienced hands.
Our dedicated team has
been handling all kinds of
disputes for many years.
Our Dispute Resolution experts
|
Justin Emerson Partner |
 |
Natasha Kelt Associate Solicitor |
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Nadia Fabri Associate Solicitor |
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Justin Emerson Partner |
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Nadia Fabri Associate Solicitor |
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Natasha Kelt Associate Solicitor |
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If you want to find out more about the services we can offer you, please feel free to get in touch.
Get in touch
If you want to find out more about the services we can offer you, please feel free to get in touch.
