Whether it’s your solicitor, accountant, architect or surveyor, you expect a professional to do their job competently. When they don’t, the consequences can be significant. A misjudged piece of advice, a missed deadline or a flawed design can leave you facing financial loss, project delays, or legal complications. But when does a mistake cross the line into professional negligence, and what are your rights if it does?
This article unpacks what a professional negligence claim involves, when it's justified, and how our team can support you through the process.
What Is Professional Negligence?
Professional negligence occurs when a qualified individual fails to carry out their duties to the standard reasonably expected of someone in their profession, resulting in financial loss or other harm to their client.
To succeed in a claim, you generally need to prove three things:
- A duty of care existed between you and the professional;
- That duty was breached, usually by failing to act with the skill and care expected;
- That breach caused you a loss which wouldn’t have occurred otherwise.
It’s not enough that the service was poor or disappointing; negligence is about a failure to meet established professional standards, with direct consequences for you or your business.
Examples of Professional Negligence
Solicitor Negligence: When Legal Advice Goes Wrong
We place a great deal of trust in solicitors, whether to manage property transactions, oversee legal disputes, or advise on commercial agreements. When that trust is breached, the financial and legal consequences can be severe.
Common scenarios include:
- Missing limitation deadlines, resulting in claims being time-barred
- Mishandling conveyancing transactions, such as failing to uncover title defects
- Giving incorrect advice on contract terms or litigation prospects
- Acting without proper instructions or failing to protect your interests
Accountant Negligence: The Hidden Costs of Bad Advice
From tax planning to company accounts, businesses and individuals rely on accountants to stay compliant and financially healthy. But if your accountant fails in that duty, the consequences can range from tax penalties to reputational damage.
Typical issues include:
- Filing inaccurate or late tax returns
- Failing to advise on VAT, reliefs or allowances
- Giving advice that triggers avoidable HMRC investigations
- Not spotting signs of fraud, especially in corporate settings or during an audit
Architect Negligence: More Than Just Bad Design
Architectural errors can affect the aesthetics of a project, result in structural defects, regulatory breaches, or costly delays. Clients often don’t discover the true extent of an architect’s failings until work has already begun - or worse, completed.
Common areas of negligence:
- Producing designs that breach planning or building regulations
- Errors in drawings that cause construction delays or cost overruns
- Mismanaging project timelines or failing to coordinate with contractors
Surveyor Negligence: When a Clean Report Hides Defects
A surveyor’s report is one of the most important documents in any property purchase, providing reassurance that the building is sound and free from major issues. When that report turns out to be inaccurate, the impact can be financially and emotionally devastating. Missed defects or overvalued properties can leave buyers facing hundreds of thousands of pounds in unexpected repair costs or devaluation.
Typical examples of surveyor negligence include:
- Providing an unrealistic or inflated valuation
- Not spotting signs of significant defects in a structural survey
- Not considering environmental factors
- Neglecting to highlight breaches of planning or building regulations
How Are Professional Negligence Claims Resolved?
Many cases can be resolved without going to court. Professionals typically carry professional indemnity insurance, and once notified, their insurers often take over the handling of the claim.
The process generally includes:
- Investigating the professional’s conduct and gathering supporting evidence
- Quantifying your financial loss
- Sending a Letter of Claim under the Pre-Action Protocol
- Entering into negotiation or mediation to try to resolve matters early
- Issuing court proceedings, if settlement isn’t reached
Our Commercial Litigation team are professional negligence experts and have extensive experience navigating these processes efficiently and strategically, prioritising your commercial objectives.
Is There a Time Limit to Bring a Claim?
Yes. The usual limitation period is six years from the date of the negligent act. In some cases, you may have three years from the date of knowledge, if the negligence wasn’t discovered straight away.
Time limits can be complex, so it’s essential to seek legal advice as soon as you suspect something has gone wrong. Early action gives you the best chance of gathering evidence and protecting your claim.
Why Choose BPE for Professional Negligence Claims?
At BPE Solicitors, we act for individuals, businesses and other professionals across Cheltenham, Gloucestershire and Nationally in pursuing negligence claims when professional standards have not been met.
Our team includes John Carter, Midlands Representative of the PNLA (Professional Negligence Lawyers Association), Katy Manley, President of the PNLA, Philip Radford and Natalie McMahon, both members of the PNLA.
Whether you’ve been let down by a solicitor, accountant, architect, surveyor or another professional, we’ll give you:
- A clear assessment of your legal position
- Straightforward advice on the merits of your claim
- Support through every stage, from early discussions to resolution
We know that facing professional negligence can be frustrating, costly and often personal. Our job is to give you confidence, clarity and a route forward.
Talk to us
If you think you’ve suffered financial loss because a professional let you down, we’re here to help.
Contact our Commercial Litigation team to arrange a confidential discussion and one of our specialists will get back to you.
