By Bipin Regmi, Senior Underwriter
Bringing a professional negligence claim can be a daunting prospect, especially for someone who has previously relied on the actual professional they now intend to sue. This guide offers a clear overview of the key considerations from a claimant’s perspective, from what qualifies as negligence through to legal costs, funding and the role of ATE insurance.
What is professional negligence?
Professional negligence arises when a professional – such as a solicitor, barrister, accountant or surveyor – fails to meet the standard of care expected in their role, resulting in loss to the client. Claims may be brought in contract or tort and include situations such as missed court deadlines, negligent advice on settlements, or a flawed valuation.
To bring a claim, a claimant must prove:
- a duty of care was owed
- the professional breached that duty
- the breach caused a financial loss
- the loss is legally recoverable
Understanding the legal process
There are several procedural and legal steps a claimant must consider:
- Limitation: Most claims must be brought within six years. Missing the deadline can result in the claim being time-barred.
- Pre-action protocol: Claimants must usually follow the Professional Negligence Pre-action Protocol before issuing proceedings.
- Expert evidence: Some cases will require independent expert opinion to assess whether the professional breached their duty.
- Part 36 offers: Strategic settlement offers can lead to cost consequences depending on the outcome at trial.
- Alternative dispute resolution (ADR): Courts expect parties to consider mediation or adjudication before litigation, and penalties may follow for unreasonably refusing ADR.
Costs, funding and ATE insurance
Pursuing a claim is often expensive and legal fees can reach six figures. Several funding options are available:
- Private funding: The client pays costs directly, often via a retainer.
- Conditional Fee Agreements (CFAs): Also known as ‘no win, no fee’, this means solicitors are only paid if the case succeeds, though success fees are deducted from damages.
- ATE insurance: Covers the risk of paying the other side’s costs and own disbursements if the case is lost. Premiums are usually deferred until the end of the case.
- Disbursement funding: Loans to cover costs like court fees and expert reports. Interest is payable and repaid if the claim succeeds.
Used together, CFA, ATE insurance and disbursement funding can allow a claim to proceed without upfront costs. However, it’s important to understand that deductions will apply to any damages recovered.
Final thoughts
Professional negligence claims are complex and often contested. Proving a duty and breach is not always enough – causation and loss must also be clearly demonstrated. Professionals may also raise defences such as contributory negligence or argue that their advice was within the reasonable range of professional judgment.
Seeking legal advice early is essential. A solicitor experienced in this area can assess the claim’s prospects, guide on costs and funding, and provide vital support throughout the process. Barristers may also be brought in to strengthen the legal team.
Funding and insurance arrangements can make access to justice possible for claimants who might otherwise be unable to afford litigation. However, these options must be considered carefully from the outset to avoid unexpected deductions or liabilities.
Please call Bipin Regmi on 01483 514414 or email with questions about a professional negligence case or to discuss your ATE insurance or disbursement funding requirements generally
Bipin Regmi
Senior Underwriter
Bipin Regmi
Bipin qualified as a Solicitor in 2019. He has extensive experience dealing with personal injury, clinical negligence and professional negligence claims.
Bipin joined Temple as a Senior Underwriter in 2024.
With his knowledge of legal practice and understanding of risk assessment, Bipin brings a unique perspective to the underwriting process, ensuring that all decisions are informed by thorough analysis and sound judgement. His legal experience is invaluable to the business and our clients.
Read articles by Bipin Regmi
