Professional Negligence — No Win No Fee
Professional negligence claims arise when a professional — such as a solicitor, accountant, surveyor, or financial adviser — fails to meet the standard of competence expected of them, causing financial loss. Some claims can be pursued on a no win no fee basis.
What Are the Most Common Types of Professional Negligence?
Direct Answer: Common professional negligence claims involve solicitors (missed deadlines, poor advice), surveyors (missed property defects), accountants (tax errors), and financial advisers (unsuitable investments). Claims require proving duty, breach, and loss. Some can be brought on a no win no fee CFA.
- Solicitor negligence — missed deadlines, poor advice, failure to protect client interests in transactions
- Surveyor negligence — failure to identify structural defects, damp, or subsidence in property surveys
- Accountant negligence — incorrect tax advice, audit failures, negligent financial reporting
- Architect negligence — design defects, failure to comply with building regulations
- Financial adviser negligence — unsuitable investment advice, pension transfer mis-selling
- Insurance broker negligence — failure to arrange adequate cover
No QOCS Protection
Unlike personal injury claims, professional negligence claims are not covered by Qualified One-Way Costs Shifting (QOCS). This means that if you lose your claim, you may be ordered to pay the defendant's legal costs. After-the-Event (ATE) insurance is therefore particularly important in professional negligence cases to protect against this risk.
The Pre-Action Protocol
The Professional Negligence Pre-Action Protocol requires a preliminary notice, a detailed letter of claim, and a response from the defendant (typically within 3 months). The protocol encourages early exchange of information, joint expert reports where possible, and consideration of ADR (alternative dispute resolution) including mediation.