Frequently Asked Questions On Professional Negligence
Professional Negligence claims can be some of the most complicated, difficult and confusing cases to go through. As a result, you might have a few questions that need answering. To that end, we have put together a list of some of the most popular questions on Professional Negligence, in order to help you on your way to making a decision.
Below you will find some of the most asked Professional Negligence questions, along with a detailed yet understandable answer or solution in order to help you.
If you cannot find the answers you’re looking for here, feel free to give us a call or drop us an email.
Alternatively, if you are considering using us for a Professional Negligence claim, feel free to fill in the form on the right and we will be in touch shortly for an initial consultation. We look forward to hearing from you.
The Most Asked Professional Negligence Questions
Professional Negligence may be defined as the failure of a professional to take reasonable care when engaged by an individual, where this failure causes financial loss.
Clients have a right to expect that a professional will operate in a reasonably competent manner.
The standard for judging whether a professional’s behaviour is reasonable will be the standard of care one would expect from a competent practitioner in the same profession.
Where a professional has departed from the reasonably acceptable standard, they are likely to have acted negligently.
Poor service does not always amount to negligence and you must suffer actual financial loss to make a compensation claim through the courts.
If you have a solicitor who has contravened the rules of professional conduct that apply to solicitors, but has not been negligent, the appropriate redress is to pursue a complaint, rather than pursuing a compensation claim.
Your first point of call should be to contact the law firm concerned and follow their complaints procedure.
We can assess whether you have been the victim of poor service or Professional Negligence.
It is not enough for you to have received poor service. Nor is it enough for you to have a grievance against the professional concerned which does not amount to negligence.
If your complaint relates to poor service you should approach the relevant professional, who is likely to have their own complaints procedures.
To pursue a Professional Negligence claim, in addition to demonstrating that the professional fell below the reasonable standard required of them this failure must have been the cause of a financial loss you many have sustained.
In our experience most clients wish to resolve disputes as quickly as possible, on acceptable financial terms and without the need for protracted proceedings.
We will consider all forms of alternative dispute resolution to bring your claim to a satisfactory conclusion, but if these are not successful we have considerable trial experience to fight your case.
In most Professional Negligence claims you have six years to issue court proceedings.
The period generally starts to run from the date when the professional was negligent and the date you suffered loss.
We would suggest that you contact us as soon as you think you have a potential claim so that we can advise you further.
If you would like more information or would like to see one of our Solicitors specialising in Professional Negligence matters.
Please contact us on 01782 262031 or complete our enquiry form and we’ll get back to you.
Ordinarily you have a period of 6 years. The point in time when the period of 6 years begins is:
- 6 years beginning with the date of the breach of contract (“the Breach of Contract Rule”)
- 6 years beginning with the date when loss or damage was sustained in consequence of the alleged negligence (“the Tort Rule”)
The Breach of Contract Rule and the Tort Rule may produce different dates when the period of 6 years begins. Often, under the Tort Rule the period is later than the date under the Breach of Contract Rule.
In some circumstances it is possible to fall back on a secondary period in relation to claims under the Tort Rule. This period is 3 years from the date of knowledge, but subject to a long stop period of 15 years from the act or omission which is alleged to constitute negligence.
Often, it is not a straight forward exercise to determine when the date of knowledge begins.
These periods are known as the limitation periods or dates, and they determine the time by which any legal proceedings must be commenced in the relevant Tribunal. If proceedings are not commenced before this date they shall be out of time irrespective of the merit of the claim.
There is no difference between negligence and Professional Negligence. The latter is simply the application of the principles of the law of negligence to professional people.