Professional Negligence Claims
Professional Negligence Claims: How We Help You Hold Professionals to Account
What is a Professional Negligence Claim?
Professional negligence occurs when someone you entrust with specialist advice, services or tasks fails to meet the standard expected of a competent professional in their field, resulting in financial loss, damage or missed opportunities. In plain terms, you pay a professional (for example, a solicitor, accountant, surveyor or financial adviser) for expertise, if they fall short, you may have a right to compensation.
At Jonathan Lea Network, we help individuals, small businesses and organisations pursue claims against professionals whose carelessness, oversight or errors have caused your loss. We combine legal rigour, clarity and compassion so you can understand your options and pursue recovery with confidence.
Why Choose Jonathan Lea Network for Professional Negligence Claims?
When you have been let down by a professional, choosing the right firm matters. Here’s how we stand apart:
- Focused expertise, not general counsel: We concentrate on civil, personal and professional dispute resolution. We are not a “jack of all trades” but a firm that hones its skills in claims like these.
- Team approach and continuity: You won’t be passed from partner to junior and back. We assign a dedicated core team so you always know who’s responsible, supported by technical experts in relevant areas (e.g. finance, property, tax).
- Transparent, proportionate fees: We explain funding options clearly from the start — including conditional fee arrangements (where suitable), insurance cover, or cost-sharing mechanisms — so you never feel blindsided.
- Client-first communication: We avoid legalese. We break down each stage in plain language, guide you every step of the way, and always explain choices, risks and likely timelines.
- Commercial focus: We don’t just chase legal theory — we aim for pragmatic, value-for-money outcomes. Where early settlement or mediation is viable, we push for it. Where litigation is necessary, we do it robustly.
Types of Professional Negligence Claims We Handle
We represent clients in a wide array of professional negligence scenarios. Below are some of the main categories.
Claims Against Solicitors and Legal Advisers
Typical issues include:
- Missing key court deadlines (statute of limitation, procedural deadlines), causing your claim to be lost
- Poor drafting or advice in contracts, wills, or property deals
- Failing to advise on relevant risks, tax or regulatory implications
- Mismanagement of litigation, such as inadequate pleadings, failure to pursue evidence or costs errors
- Failures in conveyancing during property purchase or sale
- Under-settlement or negligent advice in personal injury or clinical negligence claims
Claims Against Accountants, Auditors, and Tax Advisers
Errors in financial or tax advice can have serious consequences. Common claims include:
- Negligent tax planning or misuse of reliefs resulting in penalties or HMRC investigations
- Faulty audits or failure to spot fraudulent or irregular accounting
- Poor financial projections or forecasts used in investments, lending or business decisions
- Failure to advise of tax risks, cash flow implications, or regulatory obligations
Claims Against Surveyors, Architects, Engineers, and Valuers
Professionals in property and construction carry important responsibilities. We take on claims such as:
- Negligent property valuations (under- or over-valuation), misrepresentations or defective reporting
- Failure to identify or report structural defects, subsidence, damp, or building issues
- Poor technical design or engineering errors
- Failures in planning advice or consent submissions
Claims Against Financial Advisers, Brokers, and Insurance Intermediaries
If you were mis-advised or led into unsuitable investments or insurance products, we can help. Areas include:
- Mis-sold investments or pension products
- Incorrect risk assessment or overexposure
- Misleading projections and failure to disclose key risks
- Faulty advice from insurance brokers causing denial of cover or lost claims
Claims Against Other Professionals & Trustees
We also advise in claims against:
- Trustees, executors or fiduciaries in negligence or breach of duty
- Insolvency practitioners
- Estate agents or property managers
- Any professional role where duty of care is owed and loss suffered
How Do You Prove a Professional Negligence Claim?
To succeed, your claim must typically establish four key elements. We guide you through each step:
- Duty of Care / Assumption of Responsibility
A professional must have owed you a legal obligation to meet certain standards. This often arises by contract or fiduciary duty; sometimes by virtue of representations or reliance. (For example, Nocton v Lord Ashburton established that a solicitor could owe a duty of care in their advice. - Breach of Duty
You must show the professional acted below the standard reasonably expected of someone in their position. Typically you will need independent expert evidence from someone in the same profession to testify on the standard.
- Causation (Linking Breach to Loss)
You need to demonstrate that “but for” the breach, you would not have suffered the loss. This is often the most technically challenging stage, especially when multiple factors contributed to loss.
- Quantum / Loss Assessment
Finally, you must prove the financial (or other measurable) loss you suffered as a direct result of the breach. This may include past loss, future loss, lost profits, remedial costs, or consequential damages.
Equally important is the limitation period. In most non-clinical professional negligence cases, the claim must be brought within six years from the date of the act or omission. Alternatively, the law offers a three-year window from the date of knowledge (i.e. when you knew or ought to have known about the negligence). There are exceptions and nuances, so immediate advice is critical.
Pre-Action Protocols, Alternative Dispute Resolution & Litigation Strategy
Pre-Action Protocol for Professional Negligence (PAP)
Before issuing court proceedings, parties are expected to comply with the Pre-Action Protocol for Professional Negligence. This typically involves:
- Sending a Preliminary Notice or Letter of Claim outlining your case, the allegations, and your intentions
- Giving the professional or firm 21 days (or as specified) to acknowledge receipt, then 90 days (or more) to respond
- Exchanging documents, details of liability and quantum, negotiating in good faith
- Considering mediation or other ADR (Alternative Dispute Resolution) options
Following the protocol is vital: non-compliance may lead to cost sanctions or refusal of relief later.
Alternative Dispute Resolution (ADR)
Many professional negligence claims can be resolved more quickly and cost-effectively via ADR processes such as:
- Mediation, where an independent neutral helps parties reach agreement
- Arbitration or expert determination
- Early Neutral Evaluation
- Negotiated settlement
We always evaluate whether ADR is appropriate, and we work proactively to settle where possible, keeping court litigation as a last resort.
Litigation & Court Proceedings
If ADR is unsuccessful or unsuitable, we will issue court proceedings, manage discovery/document exchange, attend interim hearings, present expert evidence, negotiate settlement, and, if necessary, conduct a trial.
Our approach focuses on:
- Early case screening (identifying strengths, weaknesses, costs risk)
- Phased or segmented strategy (limiting upfront exposure)
- Parallel negotiation or settlement processes
- Strong advocacy where court is unavoidable
What You Should Do If You Think You Have Been a Victim of Professional Negligence
If you suspect you have a claim, here’s what you should (and should not) do:
What to do:
- Act quickly: check if limitation periods have started to run
- Gather documents early: retain all correspondence, engagement letters, invoices, work papers, reports, valuations and notes
- Seek a second opinion or expert assessment: another professional may verify whether the standard was breached
- Mitigate loss: take reasonable steps to reduce further damage or loss
- Contact us for advice early: we can assess the viability of your claim and map a strategy
What not to do:
- Do not destroy or alter documents
- Do not admit blame or responsibility, or engage in negotiations without legal advice
- Do not delay in seeking legal review – valuable time and evidence can vanish
Risks, Costs and Funding Options
Key Risks You Should Know
- The opposing party may dispute liability, causation or quantum
- Expert evidence may be weak or disputed
- Scale of loss may be challenged, or damages reduced for contributory fault
- The professional may be uninsured or have limited assets
- If you lose, you may be ordered to pay costs (your own and the other side’s)
- Delay or procedural missteps may harm your position
We assess and manage these risks at every stage, working with you to understand downside exposure and whether a claim is worth pursuing.
Funding Options
We aim to structure the funding in a way that aligns risk and reward:
- Conditional fee agreements (“no win, no fee”): in appropriate cases we can offer CFAs, so that our fees depend on success
- After the Event (ATE) insurance: insuring against adverse costs in the event of failure
- Third-party funding or litigation funding: where an external funder assists in return for a share of recovery
- Cost-shared arrangements: we negotiate with you to balance investment and risk
- Legal expenses insurance or home insurance “legal cover” :sometimes your existing policies may already include cover
We fully discuss these options at the outset so you know your exposure, and so decision-making is collaborative and transparent.
What You Can Recover (Damages and Remedies)
If successful, the compensation you may recover can include:
- Compensatory damages: covering past losses and future financial harm
- Remedial costs or fees: expenses you incur in rectifying or mitigating the professional’s error
- Interest on sums awarded
- Costs and disbursements: subject to agreement or court order
- In rare cases, injunctive or equitable relief (e.g. restraining misuse of information)
Recovery depends on liability insurance held by the professional, their ability to pay, and enforceability of judgments.
How We Work, Our Process with You
Below is a step-by-step outline of how we typically proceed in a professional negligence claim:
| Stage | What Happens | Your Role / Input |
| Initial review & viability assessment | We review your documents, interview you, evaluate merits and risks | Provide all documents, records and instructions as fully and early as possible |
| Strategy planning & funding options | Decide preferred route (settlement or litigation), plan funding structure | Participate in decisions, understand cost vs risk trade-offs |
| Pre-action / negotiation / ADR | Send letters of claim, exchange documents, propose ADR | Review and approve letters, attend meetings or mediation with us |
| Proceedings & disclosure | Issue claim, exchange evidence, manage expert reports | Provide further documents, answer disclosure requests, liaise with experts |
| Settlement negotiations / trial | We negotiate vigorously but prepare for trial; if settlement likely we advise acceptance or not | Consider offers, instruct us whether to accept or press to trial |
| Post-judgment / enforcement | If successful, we help enforce orders (garnishee, charging orders, etc.) | Cooperate in enforcement efforts |
Throughout, we keep you updated, provide clear cost projections, explain choices, and adapt strategy where new information emerges
Take the First Step — Get Expert Advice Today
If you believe you have been adversely affected by professional negligence, don’t wait. Evidence fades, limitation deadlines loom, and lost opportunities may compound your loss.
Contact Jonathan Lea Network now for an early assessment. We offer a confidential, obligation-free review of your situation. We will:
- Tell you clearly and candidly whether you have a viable claim
- Identify risks, strengths, and possible outcomes
- Explain funding options and likely costs
- Recommend next steps and map your path forward
You deserve expert, approachable representation that works with you, not over you. Let us help you turn a professional failure into accountability and, where possible, recovery.
Speak to our professional negligence team now, contact us today via phone, email or the online form. Let’s explore your rights and make your case count.
Call us on +44 1444 708 640
Or email us at wewillhelp@jonathanlea.net
Frequently Asked Questions (FAQs)
Yes, sometimes. Even without a formal contract, a duty of care may arise via assumption of responsibility, for instance, where a professional gave you advice knowing you would rely on it. Courts will look at whether the professional assumed liability and whether you induced reliance. It becomes harder but not impossible. If there is professional indemnity insurance, your claim may lie against the insurer. If not, we explore alternative recovery routes (e.g. substantive claims against individuals, predecessor firms or connected entities). We’ll evaluate whether the likely recovery justifies the expense. While any solicitor might attempt to pursue a claim, specialist expertise matters significantly. These claims often depend on detailed understanding of contracts, professional standards, procedural protocols and expert evidence. A generalist may miss pitfalls, costing you time and money. This varies greatly depending on complexity, availability of expert evidence, third-party cooperation, whether ADR is pursued and court schedules. Simple cases might resolve in 6–12 months; more complex ones (especially with structural or financial issues) may take 2–3 years or more. That is exactly what we expect. We build robust cases, plan for dispute, use credible expert evidence, stress test your claim, consider settlement fallback plans, and carefully manage costs and disclosure. We will advise you realistically on prospects of success and downside exposure at every stage. If your claim fails or is only partially successful, the court may order you to pay some or all of the other side’s legal costs. The exact exposure depends on conduct, proportionality, and whether offers to settle were refused. That is why cost control, early risk assessment and realistic strategy are critical.
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Our Professional Negligence Claims Team
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