Claims Against Non-traditional Professionals: A Developing Area for Professional Negligence

By Tom Watkins, Senior Underwriter

Estimate read time 2 minutes 24 seconds

Professional negligence claims have traditionally centred on established professions such as solicitors, accountants and architects. However, an increasing number of disputes now involve advisers whose roles sit alongside or support major transactions, projects and regulatory processes.

Surveyors advising on complex valuations, compliance consultants working within changing regulatory frameworks and specialist advisers providing niche technical advice are increasingly the subject of scrutiny when transactions or projects do not deliver the expected outcome. For claimant solicitors, these cases can raise different evidential and funding considerations compared with more familiar professional negligence claims.

Why these cases are different

Unlike traditional professional negligence claims where duties are well established, claims against emerging or specialist advisers often turn on bespoke scopes of work, informal instructions and blended roles. Establishing duty, breach and causation can therefore be more complex, particularly where advice develops over time, involves several professional disciplines or depends on information provided by the client.

Loss may also arise indirectly, which can make causation analysis and questions of apportionment more contested. Expert evidence is frequently central to these claims, yet appropriate experts may be limited in number and costly to instruct. In addition, standards of practice in newer advisory areas may be less clearly defined.

Another practical consideration is that defendants may be smaller professional firms or consultants with limited insurance cover. In some cases, policy wording disputes can arise, which may affect litigation strategy and prospects of recovery.

Key challenges for claimants and their solicitors

Pleading the duty with precision is particularly important where retainer terms are spread across proposals, engagement letters, emails and project documentation. Establishing the scope of responsibility can therefore require careful reconstruction of the advisory relationship.

Causation will often depend on analysing the decisions that would likely have been taken had proper advice been given. Early consideration of contributory negligence and issues of reliance is also important.

Costs exposure can be significant. Multiple experts, disclosure across different technical platforms and contested preliminary issues may lead to substantial expenditure at an early stage. Managing that risk is therefore an important part of case strategy from the outset.

Managing risk with ATE: support from Temple Legal Protection

Temple Legal Protection’s ATE insurance can help manage the financial risk associated with these claims. ATE cover can protect against adverse costs and fund own disbursements such as expert fees, providing claimants and their advisers with confidence to pursue meritorious cases where the potential costs exposure might otherwise deter them.

Flexible staging aligned with key case milestones can assist with proportionate budgeting, while delegated authority arrangements can streamline placement for partner firms.

Our underwriting approach recognises the particular characteristics of claims against non-traditional professionals, including variable duty frameworks, complex causation issues and mixed indemnity positions. This helps ensure that cover reflects the litigation strategy and potential routes to settlement.

Practical steps you can take now

Early case assessment should prioritise a careful review of scope documents, reliance chains and causation issues, alongside an early check of the defendant’s insurance position. Securing suitable expert evidence at the outset can assist both pleadings and overall strategy.

Engaging with ATE insurers at an early stage, including obtaining indicative terms based on initial counsel’s views and anticipated disbursements, can help manage costs exposure and support early discussions about settlement.

If you would like to discuss a professional negligence matter or explore ATE insurance or disbursement funding options, please contact Tom Watkins on 01483 514875 or email tom.watkins@temple-legal.co.uk