A professional negligence claim alleges that a professional failed to meet the standard of skill and care reasonably expected in the circumstances, causing loss. Claims may involve solicitors, accountants, surveyors, architects, financial advisers, engineers and other professionals. Under the laws of England and Wales, the Pre-Action Protocol for Professional Negligence sets out the usual steps before court proceedings. Harper James is a UK full-service commercial law firm advising businesses on commercial disputes and other areas of the laws of England and Wales.
The process normally begins with a detailed letter of claim. It should identify the parties, explain the professional relationship, set out the relevant chronology, describe the alleged breaches, explain causation and loss, and identify the documents relied upon. It should also state the remedy sought and address any limitation issue. The professional or their insurer should acknowledge the letter within 21 days. A substantive response is generally due within three months of the acknowledgment. That response should state whether liability is admitted or denied, give reasons, address the amount of loss and identify any counterclaim or other relevant issue.
Both sides are expected to exchange sufficient information to understand the dispute and consider settlement. This can include engagement letters, reports, advice, project records, accounts, correspondence and documents concerning the alleged loss. Expert evidence is used where the standard of professional practice, causation or valuation requires specialist opinion. The parties should keep disclosure proportionate to the value and complexity of the claim and consider mediation or another form of alternative dispute resolution.
The pre-action process does not suspend the limitation period. A claimant must therefore identify the applicable deadline at an early stage. Contract and tort claims have different limitation rules, and professional negligence claims often involve detailed questions about when loss occurred and when the claimant acquired the relevant knowledge. If settlement is not reached, the claimant may issue court proceedings after the protocol steps have been completed. The court can take a party’s conduct during the pre-action process into account when deciding questions about case management and costs.