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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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Professional Negligence — No Win No Fee

England & WalesLast reviewed 18 September 2026

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.

Professional Negligence Guides

Professional Negligence Time Limits

In England and Wales a negligence claim against a professional must generally be brought within six years of the date the cause of action accrued,…

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Frequently Asked Questions

Can I claim for professional negligence on no win no fee?

Some professional negligence claims can be handled on a CFA (no win no fee) or DBA (damages-based agreement) basis, particularly where the claim has strong merits and quantifiable financial losses. However, QOCS does not apply to professional negligence claims (it only applies to personal injury), so the costs risk is higher.

What is professional negligence?

Professional negligence occurs when a professional (solicitor, accountant, surveyor, architect, financial adviser, etc.) fails to perform their duties to the standard expected of a reasonably competent professional in that field, causing financial loss or other damage.

What must I prove?

You must prove that the professional owed you a duty of care, breached that duty by falling below the standard of a reasonably competent professional, and that the breach caused you loss. For some professions, the duty may also be contractual.

Which professionals can be sued?

Claims can be brought against solicitors, barristers, accountants, surveyors, architects, financial advisers, insurance brokers, IT consultants, and other regulated or unregulated professionals.

What is the limitation period?

For negligence claims, the limitation period is 6 years from the date of the breach (or 3 years from the date of knowledge if later, for 'latent damage' under the Latent Damage Act 1986). For breach of contract, the period is 6 years from the breach.

You May Also Be Interested In

Financial Mis-selling

Financial adviser and product mis-selling.

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Clinical Negligence

Medical professional negligence claims.

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What Is No Win No Fee?

Complete guide to CFAs in the UK.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Think you have a claim? Find out for free.

Reading the rules is the first step. Most claims have strict deadlines, and evidence is easier to gather the sooner you act. Tell Edward & Amaury Solicitors what happened and get a free, no-obligation review of your situation.

  • Free, no-obligation case review: you decide what happens next
  • Many claims are handled on a no win, no fee basis if the firm accepts your case
  • Takes about two minutes, and you can start with just the basics

Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.