When the delivery of a professional service doesn’t go as expected, it’s natural to feel frustrated. Perhaps a transaction has fallen through, a deadline has been missed or work is simply not up to scratch. But when does a simple error become something more serious? In legal terms, that is the difference between a mistake and professional negligence.

What is professional negligence?

A professional may be found negligent where their work has failed to meet the appropriate standard and that failure has caused you a material loss. A successful claim will typically need to establish that:

  • The professional owed you a legal duty of care.
  • The professional breached this duty by failing to meet the standard expected of a reasonably competent practitioner in their field.
  • Their breach caused you to suffer a loss.
  • The loss is material and can be measured in financial terms.

When does a mistake cross the line?

Knowing when the threshold for professional negligence has been crossed is important in deciding whether a claim is worth pursuing. Not every mistake amounts to negligence. Professionals often work in challenging environments and on occasion there may be errors in judgement; they are only human after all. The key question is whether their actions were within the range of what a reasonably competent professional would have done in the same circumstances. In other words, did they make an error that other professionals in the same field would not have been likely to make?

For example, surveyors may fail to identify major structural issues in property transactions. Financial advisers may recommend unsuitable investments that lead to significant losses. For solicitors, issues may arise from a drafting error or a failure to provide adequate advice to a client.

Unfortunately, distinguishing poor service from professional negligence can be a grey area. Not all bad outcomes are legally actionable. There is often scope for professionals to take different views, even if flawed, without being negligent. The crucial question is whether their decision or conduct fell outside the standard expected of their profession.

What should I do first?

Each case will be made on its own facts. If you believe you have suffered material loss as a result of a professional’s error, it’s important to act quickly.

Start by gathering any relevant documents such as contracts, letters, reports and emails. Make a note of key dates and events. Be sure to seek independent legal advice to assess whether your claim has legal merit.

In some cases, early resolution may be possible through negotiation or by making a complaint to the professional’s regulator. In other cases, it may be necessary to pursue litigation.

Our team at Gepp Solicitors is here to help. If you think you may have the basis of a professional negligence claim, we can help you assess your position and guide you through the next steps.

To speak to our dispute resolution team, please contact us on 01245 228101 or emersonj@gepp.co.uk.