Spotlight On Dispute Resolution: Professional Negligence

Professional negligence is where a professional e.g. a solicitor, accountant or a surveyor fails to perform their responsibilities to the required standard. These professionals must abide by the standards expected when performing their professional responsibilities.  When their conduct falls below the standard expected of them, they could be held liable for any harm caused as a result of their actions.  When you have reasonably relied on the skills and expertise that a professional held themselves out as having and they let you down by acting negligently you could be entitled to compensation for any harm or loss experienced.

In Scotland, the test for establishing professional negligence was stated in the case of more than 60 years ago.  Lord Patrick set out the tripartite test that has formed the bedrock of professional negligence claims ever since.

To succeed in a claim for professional negligence your claim has to be supported by a professional expert report.  You will need expert evidence from another professional acting in the relevant industry to support your claim to prove that there was negligence.   We have a wide network of experts and can introduce you to the relevant professionals, instruct them on your behalf to provide a report assessing the strength of your claim. Any claim must be brought within the primary prescription period which is 5 years from the date the claimant suffered loss in Scotland.

Our team has experience in conducting professional negligence claims against all types of professionals.  For more information about professional negligence law, or to make a claim, please do not hesitate to contact our expert department on 0141 375 1222.

We offer a specific tailored package to allow us to take the cost risk away from your budgeting by fixing a fee for a fixed scope of work.  Please do not hesitate to contact one of our team to request a detailed workscope which will confirm costs.