When you hire a professional, whether a solicitor for legal matters or a surveyor for property issues, you expect them to deliver their services to a competent standard. Unfortunately, not every case meets those expectations. Mistakes, oversights, or a failure to act with reasonable skill can lead to significant financial loss or personal setbacks.

This is where professional negligence comes into play. Under UK law, you may be entitled to bring a professional negligence claim if you can show that the professional owed you a duty of care, breached that duty, and caused you measurable loss as a result.

At Axis Solicitors, we regularly advise clients who have been let down by trusted professionals. 

What is Professional Negligence?

Professional negligence occurs when a qualified professional fails to perform their duties to the standard expected of a reasonably competent practitioner in their field, and as a result, a client suffers financial loss, damage, or other harm.

In the UK, the law recognises that solicitors, surveyors, accountants, architects, financial advisers, and other professionals owe a duty of care to their clients. This means they are legally obliged to exercise reasonable skill, care, and diligence when carrying out their work. If they fall short and that failure directly causes you a loss, you may have grounds for a professional negligence claim.

The Duty of Care Principle

At the heart of any professional negligence claim is the concept of duty of care. This duty arises when:

• The professional has been engaged (formally or informally) to provide services. 
• There is a reliance on their skill, judgement, or advice. 
• The client suffers damage because that skill was not applied competently. 

The Bolam test, a principle established in case law, is often applied to determine whether a professional has acted negligently. Under this test, the court asks whether the professional’s actions would be supported by a responsible body of competent practitioners in the same field. If the answer is no, then negligence is likely established.

Legal Background in the UK

Professional negligence claims are rooted in both contract law and tort law:

• Under contract law, a professional may have breached the explicit or implied terms of their engagement with the client. 
• Under tort law, even if a contract is not formally documented, a duty of care can still exist, and negligence can still be established if harm occurs. 

The Limitation Act 1980 sets strict time limits for pursuing a claim: generally six years from the date of negligence, or three years from the date you became aware of it. This makes it essential to act promptly once you suspect wrongdoing.

Professional Negligence by Solicitors

Solicitors play a vital role in handling complex legal matters, from property transactions to litigation and estate planning. Clients rely on them to act with precision and care because even small mistakes can have major financial or personal consequences. When a solicitor fails to meet the standard of a reasonably competent practitioner, they may be liable for professional negligence.

Common Examples of Solicitor Negligence

Here are some of the most frequent ways solicitor negligence arises in practice:

1. Missed Deadlines 
   • Failing to issue court proceedings within the statutory limitation period. 
   • Missing contractual deadlines in conveyancing or commercial deals. 
   • Allowing claimants to lose their legal rights due to delay. 
2. Poor Drafting of Legal Documents 
   • Errors in contracts, wills, or trust deeds. 
   • Failing to include protective clauses or misinterpreting client instructions. 
   • Ambiguities leading to disputes or unenforceable agreements. 
3. Inadequate Legal Advice 
   • Advising on a settlement that is substantially less favourable than what a court would have awarded. 
   • Providing incomplete or misleading advice on risks and consequences. 
   • Failing to explain costs or funding options clearly. 
4. Negligence in Conveyancing 
   • Failing to check property title properly. 
   • Overlooking restrictive covenants, rights of way, or boundary issues. 
   • Ignoring local searches that reveal significant planning or environmental concerns. 
5. Conflicts of Interest 
   • Acting for both parties in a transaction without proper safeguards. 
   • Prioritising another client’s interest over yours. 

Legal Impact of Solicitor Negligence

When solicitor negligence occurs, the impact can be severe:

• Financial loss (e.g. losing out on property value or compensation). 
• Legal disadvantage (e.g. missing the chance to bring a claim). 
• Emotional stress and uncertainty caused by avoidable mistakes. 

For a professional negligence claim against a solicitor to succeed, you must prove:

1. The solicitor owed you a duty of care. 
2. That duty was breached by falling below the reasonable standard. 
3. The breach caused you a measurable financial loss. 

Real-World Example

A typical case might involve a solicitor missing the deadline to issue personal injury proceedings. Because of the missed deadline, the claimant loses the right to pursue compensation, potentially worth thousands of pounds. Here, the solicitor may be liable for the full value of the lost claim.

Professional Negligence by Surveyors

Surveyors provide crucial advice in property transactions, valuations, and construction projects. Buyers, investors, and lenders rely heavily on their professional expertise to make informed decisions. When a surveyor’s work falls below the standard expected of a reasonably competent practitioner, the consequences can be costly. This is where a professional negligence claim against a surveyor may arise.

Common Examples of Surveyor Negligence

1. Incorrect Valuations 
   • Overvaluing a property, leading a buyer or lender to pay more than its true worth. 
   • Undervaluing a property, causing a client to miss out on potential investment returns. 
2. Failure to Identify Structural Defects 
   • Missing clear signs of subsidence, damp, or roof problems. 
   • Overlooking serious safety issues such as asbestos or unstable walls. 
3. Negligent Survey Reports 
   • Providing an incomplete or inaccurate HomeBuyer Report or Building Survey. 
   • Failing to highlight urgent repairs or risks that would have influenced a buyer’s decision. 
4. Conveyancing Support Failures 
   • Not identifying rights of way, boundary disputes, or restrictive covenants. 
   • Failing to conduct adequate land registry checks. 
5. Inadequate Advice on Planning or Development 
   • Overlooking planning restrictions or zoning rules. 
   • Giving misleading guidance on potential for extensions, conversions, or redevelopment. 

Legal Impact of Surveyor Negligence

The financial consequences of surveyor negligence are often substantial. Clients may:

• Pay too much for a defective property. 
• Face unexpected and expensive repair bills. 
• Lose investment opportunities or rental income. 
• Encounter legal disputes over boundaries or covenants. 

As with claims against solicitors, three elements must be proven:

1. Duty of care owed by the surveyor. 
2. Breach of that duty through negligence. 
3. Causation of financial loss as a direct result. 

Real-World Example

Imagine a buyer commissions a survey before purchasing a house. The surveyor fails to identify severe subsidence. After purchase, the buyer discovers repairs costing tens of thousands of pounds. A professional negligence claim against the surveyor may recover those losses, since the buyer relied on the surveyor’s expertise when deciding to proceed with the purchase.

Surveyors, like solicitors, are required to carry professional indemnity insurance. This provides a route for compensation even if the professional cannot personally afford to pay damages.

How to Prove Professional Negligence

Not every mistake by a solicitor or surveyor will amount to professional negligence. To succeed in a claim, the law requires strict proof based on established principles. Courts will not assume negligence simply because an outcome was unsatisfactory; it must be demonstrated that the professional’s conduct fell below acceptable standards and directly caused loss.

The Four Key Elements

To prove professional negligence, a claimant must establish four essential elements:

1. Duty of Care 
   • You must show that the professional owed you a legal duty of care. 
   • This is usually straightforward where there is a contractual relationship (e.g. a retainer with a solicitor, or a commissioned report from a surveyor). 
   • Even without a written contract, duty may still arise if the professional assumed responsibility and you relied on their expertise. 
2. Breach of Duty 
   • The professional must have acted below the standard expected of a reasonably competent member of their profession. 
   • The Bolam test is often applied: would a body of competent professionals in the same field have acted similarly? If not, a breach is established. 
3. Causation 
   • You must prove that the breach directly caused your loss. 
   • This requires showing that, had the professional acted competently, the outcome would have been materially different. 
   • Courts often apply the “but for” test: but for the professional’s negligence, would the claimant have suffered the loss? 
4. Loss 
   • The loss must be quantifiable in financial terms. 
   • Examples include losing the right to pursue a claim, overpaying for a property, or incurring avoidable legal costs. 
   • Emotional distress alone is generally not sufficient unless it is tied to a financial impact. 

Evidence in Professional Negligence Claims

Gathering strong evidence is critical to prove negligence. This may include:

• Copies of correspondence with the solicitor or surveyor. 
• Contracts, retainer agreements, or letters of engagement. 
• Expert reports from independent professionals in the same field. 
• Valuations, surveys, or alternative legal advice showing what should have been done. 
• Proof of financial loss (invoices, property values, lost settlement opportunities). 

Case Law Principles

English case law provides further guidance:

• Bolam v Friern Hospital Management Committee [1957] – Established the test for breach of duty based on professional standards. 
• Midland Bank Trust Co Ltd v Hett, Stubbs & Kemp [1979] – Confirmed solicitor negligence in failing to register an option agreement. 
• South Australia Asset Management Corp v York Montague Ltd (SAAMCO) [1997] – Limited damages recoverable in negligent valuation claims to losses within the scope of the duty. 

Burden of Proof

The burden rests with the claimant to prove negligence on the balance of probabilities. This means the court must be satisfied that it is more likely than not that the solicitor or surveyor’s negligence caused the loss.

Common Defences to Professional Negligence Claims

When a solicitor or surveyor is accused of professional negligence, they are not likely to accept liability without challenge. Most will rely on experienced defence lawyers and insurers to dispute claims. Understanding the common defences helps claimants prepare for the hurdles ahead.

1. No Breach of Duty

A common response is that the professional acted within the range of acceptable practice.

• Using the Bolam test, they may argue that their conduct aligns with what other competent professionals would have done. 
• Even if mistakes occurred, not every error is negligence. Professionals are not required to be perfect, only reasonably competent. 

2. No Causation

Defendants often argue that, even if there was a mistake, it did not cause the alleged loss.

• For example, a solicitor might claim that a case would have failed regardless of their error. 
• A surveyor may argue that a property’s defects were unavoidable and would have caused loss even with a perfect report. 

3. Contributory Negligence

Sometimes the blame is shared. The professional may argue that the client’s own actions (or inaction) contributed to the loss.

• A client may have ignored clear advice or failed to provide key information. 
• Courts can reduce damages proportionately where contributory negligence is proven. 

4. Limitation Defence

The Limitation Act 1980 sets strict time limits.

• Usually, claims must be brought within six years of the negligent act. 
• Alternatively, three years from the date the claimant became aware (or should reasonably have become aware) of the negligence. 
• If this period has expired, the defendant can rely on a limitation defence to strike out the claim. 

5. No Loss Proven

A defendant may accept that mistakes occurred but dispute the value or existence of the claimed loss.

• For example, arguing that a property defect did not reduce market value as much as claimed. 
• Or that the claimant would have incurred similar losses even without the alleged negligence. 

6. Disclaimers and Exclusions

Some professionals include disclaimers in their contracts or reports limiting liability.

• While not always enforceable, they may restrict the scope of duty owed. 
• Courts scrutinise such clauses under the Unfair Contract Terms Act 1977, but they can still complicate claims. 

Compensation in Professional Negligence Claims

When a solicitor or surveyor has caused financial harm through professional negligence, the ultimate goal of a claim is to recover compensation. The law aims to put the claimant back into the position they would have been in if the negligence had not occurred — no better and no worse.

What Damages Can Be Recovered?

Compensation in professional negligence claims generally falls into two categories:

1. Direct Financial Losses 
   • Money paid out unnecessarily due to poor advice or mistakes. 
   • Overpayment for a property caused by negligent valuation. 
   • Legal costs wasted because of a solicitor’s error. 
2. Consequential Losses 
   • Loss of opportunity (e.g. missing out on a successful personal injury claim due to missed deadlines). 
   • Future repair costs or property depreciation caused by undisclosed defects. 
   • Lost profits from investments that failed due to negligent advice. 

The SAAMCO Principle

The scope of damages is not unlimited. The leading case of South Australia Asset Management Corp v York Montague Ltd (SAAMCO) [1997] established that professionals are only liable for losses that fall within the scope of their duty.

• For example, a surveyor who negligently overvalues a property is responsible for the difference between the true market value and the valuation — not for broader losses caused by a general property market crash. 
• This ensures that liability is proportionate to the actual negligence, not every consequence flowing from it. 

How Compensation is Calculated

Courts look at:

• The position the claimant would have been in if the professional had acted competently. 
• The financial difference between that position and the actual outcome. 
• Expert evidence, such as alternative valuations, actuarial calculations, or independent legal advice. 

Interest and Costs

In addition to damages, successful claimants may also recover:

• Interest on the sums lost, calculated from the date of loss. 
• Legal costs, including solicitors’ fees, if awarded by the court. 

Limits on Recovery

• Pure emotional distress or inconvenience is rarely compensable, unless tied to financial harm. 
• Damages must be reasonable and directly linked to the negligence. 
• Disclaimers or contractual limits may reduce the amount recoverable. 

Steps to Take if You Suspect Professional Negligence

If you believe a solicitor or surveyor has mishandled your matter, it is important to act quickly and strategically. Professional negligence claims are complex, and early preparation often makes the difference between success and failure.

1. Gather All Relevant Documents

• Collect contracts, letters of engagement, and retainer agreements. 
• Keep copies of emails, letters, and file notes exchanged with the professional. 
• Retain reports, valuations, or legal documents that highlight the error. 
• Secure financial records that demonstrate your loss. 

Having a clear documentary trail is vital. Courts and insurers will scrutinise written evidence more heavily than recollections.

2. Seek Independent Advice

Do not confront the negligent professional without legal advice. Instead:

• Consult an independent solicitor experienced in professional negligence claims. 
• Share your documents and explain the timeline of events. 
• Obtain an objective opinion on whether negligence is likely and what your claim may be worth. 

3. Obtain Expert Evidence

Many claims require expert witnesses to prove breach of duty. For example:

• Another surveyor may provide an independent valuation or structural assessment. 
• Another solicitor may review the case and explain how it should have been handled. 

Expert testimony is often decisive in persuading courts or insurers that negligence occurred.

4. Follow the Professional Negligence Pre-Action Protocol

The Civil Procedure Rules require parties to follow the Professional Negligence Pre-Action Protocol before going to court. This involves:

• Sending a Letter of Claim setting out allegations and losses. 
• Allowing the defendant a chance to investigate and respond. 
• Attempting settlement discussions to avoid unnecessary litigation. 

This process encourages resolution without costly trials.

5. Act Within Time Limits

Under the Limitation Act 1980:

• You normally have six years from the negligent act to bring a claim. 
• Alternatively, three years from the date you discovered (or could reasonably have discovered) the negligence. 
• After these periods, your claim may be statute-barred, regardless of merit. 

6. Consider Alternative Dispute Resolution (ADR)

Litigation is not always the best route. According to Alternative Dispute Resolution law it includes:

• Mediation – a neutral mediator helps parties reach a voluntary settlement. 
• Arbitration – a binding decision is made outside of court. 
• Negotiation – direct settlement discussions between solicitors. 

These methods can save time, cost, and stress while still securing compensation.

7. Engage Experienced Solicitors

Professional negligence claims demand specialist expertise. At Axis Solicitors, we:

• Assess the strength of your case quickly. 
• Gather evidence and expert input to build a robust claim. 
• Guide you through negotiations with insurers or court proceedings if necessary. 

Frequently Asked Questions

What is professional negligence?

Professional negligence occurs when a qualified professional, such as a solicitor or surveyor, fails to exercise the skill and care expected of their profession, resulting in financial loss or harm to their client. It is not enough for the service to be unsatisfactory — the negligence must fall below the standard of a reasonably competent professional in that field.

Can I sue my solicitor for professional negligence?

Yes. If your solicitor has breached their duty of care and caused you financial loss, you may have grounds for a professional negligence claim. Common examples include missed court deadlines, poor legal advice, errors in drafting documents, and negligence in property conveyancing. Solicitors are required to have professional indemnity insurance, meaning compensation is usually recoverable through their insurer.

Can I sue a surveyor for professional negligence?

Yes. You may sue a surveyor for professional negligence if their valuation, survey, or advice was careless and led to financial loss. Typical cases involve overvalued properties, failure to identify structural defects, or inaccurate HomeBuyer reports. Like solicitors, surveyors must carry professional indemnity insurance, so claims are usually against their insurer rather than the individual directly.

How do I prove professional negligence?

To succeed in a professional negligence claim, you must establish:

1. The professional owed you a duty of care. 
2. They breached that duty by falling below the standard of a reasonably competent professional. 
3. The breach caused your financial loss. 
4. The loss can be clearly quantified. 

Courts often rely on expert evidence to determine whether a professional’s conduct amounted to negligence.

What is the time limit for professional negligence claims?

Under the Limitation Act 1980:

• You generally have six years from the date of the negligent act. 
• Alternatively, three years from when you first discovered (or reasonably should have discovered) the negligence.
  Failing to act within these time limits may bar your claim, regardless of its strength. 

What compensation can I claim for professional negligence?

Compensation for professional negligence is designed to put you back in the financial position you would have been in had the negligence not occurred. This can include:

• Direct financial losses (e.g. overpaying for property, missed damages from litigation). 
• Consequential losses (e.g. repair costs, lost investment opportunities). 
• Interest on sums lost. 
• Recovery of legal costs if awarded by the court. 

Do I need a specialist solicitor for professional negligence claims?

Yes. Professional negligence is a complex area of law involving detailed evidence, expert witnesses, and insurer negotiations. A solicitor specialising in this field — such as Axis Solicitors — can properly assess your case, guide you through the pre-action protocol, and maximise your chances of success.

How long does a professional negligence claim take?

The length of a claim depends on the complexity of the case, the willingness of the professional (and their insurer) to settle, and whether the matter proceeds to court. Straightforward professional negligence claims may settle within 6–12 months, while more complex disputes can take several years.

What are the chances of winning a professional negligence case?

The success of a professional negligence claim depends on the strength of evidence. If you can demonstrate duty, breach, causation, and loss with strong documentation and expert support, your chances of success are high. However, professionals often raise robust defences, so having an experienced solicitor on your side is essential.

Can professional negligence cases be settled out of court?

Yes. Most professional negligence cases are resolved through negotiation, mediation, or settlement with insurers before reaching court. The Civil Procedure Rules encourage settlement through the Pre-Action Protocol, which promotes early resolution and avoids unnecessary litigation.

Why should I choose Axis Solicitors for a professional negligence claim?

Axis Solicitors has extensive experience handling professional negligence claims against solicitors, surveyors, and other professionals. We:

• Provide clear, strategic advice on the merits of your case. 
• Work with leading experts to gather strong supporting evidence. 
• Handle negotiations with insurers and opponents effectively. 
• Aim to achieve maximum compensation with minimum stress for our clients.

Protecting Your Rights in Professional Negligence Claims

When solicitors or surveyors fall short of the professional standards you are entitled to expect, the consequences can be costly and stressful. From faulty property surveys to negligent legal advice, professional negligence can leave individuals and businesses with financial losses and unresolved problems.