Professional Negligence: What you need to know

June 3, 2024

In the realm of professional services, such as law, finance, and medicine, there’s an expectation that the individuals providing these services uphold a certain standard of care. This standard, however, may not always be met, leading to instances of professional negligence. Here at Muldoon Britton, we believe in empowering our clients with the knowledge they need to navigate such complex legal issues.


What is professional negligence?


Professional negligence occurs when a professional fails to perform their duties with the standard of care, skill, or diligence expected in their profession, resulting in damage or loss to another party. Essentially, when a professional fails to act within a duty of care owed to a client. Duties of care can arise by contractual arrangement or by common law tort. The professional must conduct itself to the professional standard commonly held by those in the same profession.

A professional is an individual or firm who has expertise and skill in the services they provide. Some examples of instances where we may be able to help you to make a successful professional negligence include:


  • Lawyers: failure to manage a case with due care; failing to comply with court directions; missing time limits; providing negligent legal advice; conveyancing issues.
  • Accountants: negligent advice causing financial loss.
  • Engineers, Architects or Builders: construction work falls below standard reasonably expected.
  • Valuers or Surveyors: failing to note a property defect.
  • Tax consultants: being misled on estate planning; failure to avoid consequences of a late filed tax return.
  • Financial advisers: receiving bad recommendations to invest in a product.


Why is understanding professional negligence important?


Understanding professional negligence is crucial because it’s your safeguard against subpar professional services. This knowledge equips you with the capacity to identify when your service provider may have been negligent, and consequently, it empowers you to seek appropriate legal recourse.


The Legal Framework: Duty of Care, Breach and Loss


The foundation of any professional negligence claim rests on three essential elements:

  • Duty of Care: The professional was expected to deliver a certain standard of service.
  • Breach: The professional failed to meet this standard.
  • Loss: This failure resulted in damage or loss to the client.



Damages are generally assessed from the date of the breach. All damages that are reasonably foreseeable can be claimed. The courts rely on the basic compensatory principle to put the claimant into the position he/she would have been in had the professional not have breached the duty owed.


How Muldoon Britton can help


Protecting your interests is our top priority at Muldoon Britton. Our team of seasoned solicitors can provide expert advice and representation in cases of professional negligence. We will guide you through the complex process, advocate for your rights, and strive for the best possible outcome.


Remember, professional negligence is more than just a breach of trust. It’s a failure that can lead to significant losses and damage. As a client, you have the right to expect a high standard of professional care. If that standard is not met, don’t hesitate to seek the legal help you deserve.


To learn more about professional negligence or to discuss a potential claim, please don’t hesitate to get in touch with our team at Muldoon Britton.

Get in Touch

With years of experience working in UK immigration and Litigation law, our advisors can help you understand the process and take the right steps toward obtaining your goals. Get in touch today.