Professional Negligence
Navigating professional negligence claims with expert guidance
Businesses and individuals often rely heavily on professional advice to drive projects forward. Whether it’s a home extension or a multi-million-pound M&A transaction, our clients trust the advice from professionals such as Architects, Solicitors, Financial Advisors, Accountants, Engineers, and Surveyors. When negligent advice is given, the financial consequences can be severe. Our highly experienced Professional Negligence Solicitors in Nottingham and Nottinghamshire offer the advice and representation needed to bring a claim and obtain appropriate compensation for your losses.
We are a diverse, multi-lingual Nottingham -based solicitors’ firm that uses best-in-class technology to deliver streamlined, modern, and highly effective civil litigation advice and representation. With many years of experience, we have established a robust reputation for excellence with the UK’s best Barristers and Queen’s Counsel, forensic accountants, industry experts, insolvency professionals, and surveyors, who can provide additional support when required. Our clients also benefit from our ability to instruct the country’s most respected expert witnesses.
Below are some common questions we receive about professional negligence claims.
Why is it important to establish if a professional negligence claim is based in contract or tort?
Professionals are assumed to take responsibility for their advice, thus owing duties in both contract and tort. It’s crucial to clarify whether a claim is a breach of contract or negligence due to the differing limitation periods. Typically, claimants have six years to bring a claim in Court. In contract law, the limitation period starts at the time of the breach, whereas, in tort, the period begins when duty, breach, and damage are all present.
What are the basic requirements of negligence?
To bring a claim in negligence, a claimant must prove:
- The professional owed a duty of care.
- The professional breached that duty.
- The breach caused the claimant to suffer damage.
Proving causation, or the link between the breach and the loss, is often the most challenging aspect. The ‘but for’ test helps establish this link by comparing the claimant’s current position to what it would have been without the professional’s negligence.
What is the ‘but for’ test?
The ‘but for’ test compares the claimant’s current position with what it would have been had the professional not been negligent. For example, in Barnett v Chelsea and Kensington Hospital Management Committee [1969], a man who died of arsenic poisoning despite hospital treatment was found to have no causation link because he would have died regardless of the treatment.
Will I have to go to Court?
Most professional negligence claims are settled through Alternative Dispute Resolution (ADR) methods such as negotiation and mediation. If court proceedings become necessary, we are prepared to fight tenaciously to protect your best interests.
Why choose us?
Professional negligence disputes can threaten multi-million-pound projects or deals. Our Nottingham-based solicitors understand the stakes involved and have the talent, experience, and determination to achieve the best outcomes for individuals and businesses. Clients choose and recommend us not just in Nottingham and Derby but across the East Midlands and the UK. Our solicitors deliver results, often settling disputes outside of Court.
Smalleys Solicitors provides exceptional Professional Negligence and Civil Litigation services to clients. People choose and recommend us not just in Nottingham, Arnold, Hucknall, Derby and Mansfield, but across Nottinghamshire, Derbyshire, Leicestershire & the East Midlands, and the whole of the UK, because we get results.
To receive expert advice and representation regarding Professional Negligence and Civil Litigation, please contact us using the form below, call us on (0115) 955 6555, email via the Request a Callback form on this contact page.