Professional Negligence Disputes Solicitors
When you place your trust in a professional, you have every right to expect a proper standard of service and advice. Discovering that the work or guidance you paid for fell short, and that you have suffered financial loss as a result, can be deeply frustrating and unsettling. You may feel let down, uncertain about your legal position, or simply unclear about the next steps.
At Brindley Twist Tafft & James, our professional negligence solicitors understand how disruptive and distressing these situations can be. Our experienced litigation team provides clear, practical advice to help you understand your options and, where grounds exist, to seek the compensation you deserve. We will guide you step by step through what can be a complex area of law, keeping you informed at every stage.
Contact our professional negligence solicitors in Coventry, Warwick, Balsall Common and Southam
If you require supportive advice or guidance on a potential professional negligence claim, please get in touch with one of our offices in Coventry, Warwick, Balsall Common and Southam.
What is professional negligence?
Professional negligence (sometimes referred to as a breach of duty of care) occurs when a professional fails to meet the standard of competence you would reasonably expect from someone in their field, and that failure causes you financial loss.
The law recognises that professionals owe their clients a duty to exercise reasonable skill and care. When that duty is breached and loss follows directly as a result, you may have the right to seek compensation.
Professional negligence is a distinct legal area, separate from personal injury and medical negligence claims, each of which operates under its own legal framework.
Types of professional negligence claims we handle
Our solicitors advise on claims against a wide range of professionals, including:
- Solicitors
- Accountants
- Surveyors
- Architects
- Financial advisors
- Barristers
- Engineers
- Insurance brokers
- Builders and contractors
Whatever your situation, we will assess your position carefully and advise on whether you have a viable claim.
How to prove professional negligence
To succeed in a professional negligence claim, four key elements must be established:
- Duty of care: The professional owed you a duty to exercise reasonable skill and care.
- Breach of duty: Their conduct fell below the standard expected of a competent professional in their field.
- Causation: That breach directly caused your loss.
- Quantifiable loss: You suffered a measurable financial loss as a result.
Where appropriate, our solicitors will instruct independent expert witnesses to support your case and ensure your claim is properly evidenced.
Common examples of professional negligence
Professional negligence can arise in many circumstances. Common examples include:
- A solicitor who misses a court deadline, causing a claim to be struck out
- A surveyor who fails to identify serious structural defects before a property purchase
- An accountant who provides incorrect tax advice, resulting in penalties from HMRC
- A financial advisor who recommends unsuitable or high-risk investments
- A conveyancing solicitor who fails to identify a problem with the title to a property
- An architect whose design leads to significant additional construction costs
If your situation is not listed here, please do not hesitate to get in touch. Our team can assess whether the circumstances of your case may give rise to a claim.
Time limits for professional negligence claims
There are strict time limits for bringing a professional negligence claim. In most cases, you will have six years from the date of the breach of duty to issue proceedings. Where loss was not immediately apparent, a three-year period from the date of knowledge (the point at which you became aware, or reasonably ought to have become aware, of the loss) may apply.
Acting promptly is important. Delays can result in a claim becoming time-barred, and evidence can be more difficult to gather over time. If you think you may have a claim, we encourage you to seek advice as early as possible.
How our professional negligence solicitors can help
We will begin by listening carefully to your circumstances and carrying out an initial assessment of your potential claim. If there appear to be reasonable grounds to proceed, we will:
- Review all relevant documentation and correspondence
- Advise on the merits and likely value of your claim
- Obtain independent expert evidence where needed
- Engage with the other party through the pre-action protocol (the formal process of correspondence required before court proceedings can be issued)
- Aim to resolve matters without the need for litigation wherever possible, while remaining fully prepared to pursue court proceedings where necessary
- Discuss funding options with you, including any applicable insurance cover
For more information on our wider dispute resolution services, please visit our dedicated page.
Why choose BTTJ Solicitors for your claim
Our solicitors bring experience, careful attention to detail, and a genuine commitment to achieving the best possible outcome for every client. We take the time to understand your individual circumstances, explain the legal process in plain English, and keep you updated at every stage.
With offices across Coventry and Warwickshire, we are well placed to support individuals and businesses throughout the region, minimising stress and uncertainty throughout the process.
Frequently asked questions about professional negligence
What is the time limit for making a professional negligence claim?
In most cases, you have six years from the date of the breach to bring a claim. Where loss only came to light later, a three-year period from the date of knowledge may apply.
There is also an absolute longstop of 15 years from the act or omission that caused the loss, after which a claim cannot be brought regardless of when it was discovered.
Time limits in professional negligence can be complex, so it is important to seek advice as early as possible.
How much compensation can I claim for professional negligence?
Compensation in a professional negligence claim aims to put you back in the financial position you would have been in had the negligence not occurred. This can include direct financial losses, additional costs incurred as a result, and, in some cases, consequential losses.
The amount will depend on the specific facts of your case. We will provide you with a realistic assessment of the likely value of your claim at the outset, and discuss costs openly with you before proceeding.
Can I claim against my solicitor for negligence?
Yes. Solicitors owe their clients a duty of care and can face professional negligence claims. Common issues include missed court deadlines, errors in conveyancing transactions, poor advice on financial matters, and failure to follow instructions.
If you believe your solicitor’s conduct has caused you financial loss, our team can assess your position and advise on the options available to you.
What evidence do I need for a professional negligence claim?
Strong evidence is important to building a successful claim. Useful documents include:
- The original contract or letter of engagement
- All relevant correspondence, including emails
- Records of the advice given, including any written reports
- Evidence of the financial loss you have suffered
Our solicitors will work with you to identify and gather the evidence needed, and will advise on whether an independent expert report is required.
Do I need to complain to the professional’s regulator first?
No. A regulatory complaint and a legal claim for compensation are two separate processes. You can pursue a legal claim independently and are not required to lodge a formal complaint with the relevant regulatory body beforehand.
Regulatory findings can sometimes provide useful supporting evidence. We can advise you on both routes and help you determine the right approach for your individual circumstances.
What professionals can I claim against for negligence?
You can bring a professional negligence claim against a wide range of regulated professionals, including solicitors, accountants, surveyors, architects, financial advisors, barristers, engineers and insurance brokers.
If your loss arose from the actions of a medical professional, please see our medical negligence solicitors page, which covers that specialist area separately.
Contact our professional negligence solicitors in Coventry, Warwick, Balsall Common and Southam
If you require supportive advice or guidance on a potential professional negligence claim, please get in touch with one of our offices in Coventry, Warwick, Balsall Common and Southam.