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DISPUTE RESOLUTION: Professional Negligence

Professional negligence arises where a professional fails to adhere to the standard of care that would be shown by a reasonably competent person practicing in the same discipline or claiming the same degree of expertise. Sometimes the standard of care is set out in a contract; sometimes it is implied under the Supply of Goods and Services Act 1982.

Either way, problems arise where the potential claimant is a third party who has relied on the professional’s advice but has no contractual relationship with that person. That person will have to establish that a duty of care was owed despite the absence of a contract.

And in all cases the establishing of negligence is just the first stage in the process of a claim. The potential claimant will need to show that the negligence caused loss and that that loss is of a type that the law recognises as being properly recoverable.

Typical cases where we advise include:

  • Claims against solicitors and accountants for negligent share valuations
  • Claims against solicitors for missing strict time limits or drafting failures.
  • Claims against surveyors for valuation or building surveys.