When can I make a professional negligence claim?

19 March 2026

Whether you are buying a property, planning your finances, drafting a Will or running a business, most of us rely on professional advice for important moments in our lives.

When you instruct a professional, you expect a reasonable standard of care.

However, you may be left unsure what to do when that advice is wrong or you suffer loss as a result.

If a professional has failed to meet the standards expected and caused you financial damage, you may be able to bring a professional negligence claim.

Our litigation and dispute resolution solicitor, Lorraine Walker, explains when you can bring a claim and what the process looks like.

What is professional negligence?

Professional negligence occurs when a qualified professional fails to carry out their duties to the required standard and causes loss to their client.

Professionals, such as solicitors or accountants, owe their clients a legal duty of care.

This means they must act with the skill and competence reasonably expected of someone in their profession.

To succeed in a claim, you must generally prove:

• The professional owed you a duty of care (either contractual or tortious)
• They breached that duty by falling below acceptable professional standards
• The breach caused you to suffer loss
• The loss is recoverable in law

It is not enough to show that a mistake was made. You must prove that no reasonably competent professional in the same field would have acted in that way.

Who can a professional negligence claim involve?

A professional negligence claim often arises from a breach of contract, breach of statutory duty or negligence in tort.

A claim can be brought against any regulated or qualified professional who has failed to meet standards.

This can include:

• Solicitors – for example, for missing a limitation deadline or giving incorrect legal advice
• Accountants or tax advisers – such as providing inaccurate tax planning advice or preparing incorrect accounts
• Financial advisers or IFAs – recommending unsuitable investments
• Insurance brokers – arranging inadequate or inappropriate cover

When can you make a professional negligence claim?

Timing is crucial for these claims, as in most cases, you have only six years from the date of the negligent act or breach of contract to issue court proceedings.

Alternatively, you may have three years from the date of knowledge. This is from when you first become aware or ought reasonably to have become aware that negligence may have occurred.

There is usually a limit of 15 years from the date of the negligent act, after which claims are generally barred.

However, limitation rules are complex and not the same for every case, so you must seek early advice to avoid missing deadlines.

What is the professional negligence claims process?

Before court proceedings are issued, claims must usually follow the Pre-Action Protocol for Professional Negligence.

This process is made to encourage early exchange of information and a settlement without litigation, if possible.

This process will often include:

• Preliminary notice – You must notify the professional that you are considering a claim and outline the nature of your complaint. This allows them to inform their professional indemnity insurers.
• Letter of claim – A detailed letter should set out the allegations, evidence, the legal basis of the claim and an estimate of financial loss.
• Acknowledgement and investigation – The professional has 21 days to acknowledge the claim and usually up to 90 days to investigate and respond.
• Letters of response – The professional may admit, deny or partially admit the claim and they may make a settlement proposal.
• Alternative Dispute Resolution (ADR) – The parties are expected to consider mediation or other forms of ADR before issuing proceedings. Courts can penalise parties who unreasonably refuse to engage in settlement discussions.

If the matter cannot be resolved, court proceedings may follow.

How can we support your professional negligence claim?

Professional negligence claims can be complex and you may be unsure of your rights in comparison to a professional firm.

Our expert team can support you by assessing whether your claim is viable, advising on deadlines and drafting compliant pre-action correspondence.

If the claim is heading towards a settlement, we can negotiate this on your behalf.

However, if court proceedings are inevitable, we can help you assess what can be achieved and how the matter may be dealt with in a proportionate manner.

Having the right legal support early can help prevent procedural mistakes and you may be able to recover the compensation needed to restore your financial position.

If you need advice or support for a professional negligence claim, get in touch with our dispute resolution team today.