Professional negligence resolution for start-ups, scale-ups and the entrepreneurially spirited
When a professional you trusted gives negligent advice or delivers substandard work, the financial consequences can be significant. At Ignition Law, our professional negligence solicitors help individuals, business owners, directors and executors assess, build and pursue claims against professionals who have failed in their duty of care.
We understand that bringing a claim can feel complex. Our team provides clear, commercially focused advice at every stage, from an initial review of your position to negotiation and, where necessary, court proceedings. Whether you have suffered loss through poor legal advice, a negligent property valuation or defective financial planning, we will help you understand your options and recover what you are owed.
Our professional negligence lawyers advise on claims involving:
If you believe you have suffered loss as a result of professional negligence, our team is ready to help. Complete our online enquiry form and a member of our team will respond promptly.
Our dispute resolution team combines technical legal expertise with a practical, commercially grounded approach. Many of our lawyers have worked in-house or built businesses themselves, meaning our advice reflects real-world commercial pressures as well as legal principle.
We handle professional negligence cases with transparency on fees from the outset and provide direct, partner-led involvement throughout your matter. As one of only around 20 B Corp law firms in the UK, we are committed to acting responsibly and in our clients’ genuine interests. To discuss your situation, contact our team.
Professional negligence arises when a professional fails to meet the standard of skill and care expected of a reasonably competent practitioner in their field, and that failure causes you a quantifiable loss.
Three elements must be established:
– Duty of care: the professional owed you a legal duty to act with skill and care
– Breach of duty: their work or advice fell below the standard of a reasonably competent practitioner.
– Causation and loss: the breach directly caused you a measurable financial loss.
Claims may be brought in contract or in tort. Both routes are often available, and the choice can affect your limitation period and the losses you are entitled to recover.
Legal professionals owe strict duties to their clients. Common claims arise from missed court deadlines, negligent conveyancing, poor litigation advice and failure to advise on limitation periods. Guidance on complaints is available from the Solicitors Regulation Authority and the Legal Ombudsman, though a formal negligence claim is distinct from a complaint.
Negligent accountancy advice can create unexpected tax liabilities, missed reliefs or inaccurate financial reporting, each of which can have serious commercial consequences for your business.
A negligent valuation or survey can result in significant overpayment or unforeseen remediation costs. We have pursued surveyor negligence claims involving substantial financial loss for our clients.
Design defects, specification errors and project management failures can be costly. We advise clients who have suffered loss from negligent architects, engineers and other construction professionals.
Unsuitable product recommendations, poor risk assessments and failures to disclose conflicts of interest can cause significant financial harm to individuals and businesses alike.
Negligent tax planning, errors in returns or failure to identify available reliefs can leave you facing unexpected liabilities and penalties.
A broker who fails to arrange adequate cover or advise correctly on policy terms can leave you exposed to an uninsured loss at the worst possible time.
We also advise on claims against other regulated professionals, including engineers and quantity surveyors, where financial rather than personal injury loss is involved.
Professional negligence can take many forms. Common examples include:
– A solicitor missing a limitation date, preventing a client from pursuing a valuable claim.
– Defective conveyancing advice on a transaction, resulting in a disputed title.
– Poor estate management causing losses to beneficiaries.
– A surveyor failing to identify structural defects, leaving a buyer with significant repair costs.
– A financial adviser placing funds in unsuitable high-risk investments.
– Defective tax advice leading to unexpected liabilities or penalties.
– An architect whose design errors resulted in costly build defects.
The starting point is a careful review of the advice received and the loss suffered. Where a claim has merit, expert evidence from an independent specialist will typically be required to establish that the professional fell below the required standard.
Most claims are subject to the Pre-Action Protocol for Professional Negligence, which sets out the following steps before proceedings are issued:
– Letter of claim: an open letter setting out the facts, allegations and estimated losses.
– Acknowledgment: the professional must acknowledge receipt within 21 days.
– Letter of response: the professional has three months from acknowledgment to admit, deny or partially admit the claim.
– Negotiation: the parties have up to six months from acknowledgment to attempt settlement before proceedings may be issued.
Where agreement cannot be reached, we will advise on alternative dispute resolution (ADR) or issue court proceedings on your behalf.
The aim of damages in a professional negligence claim is to restore you to the position you would have been in had the negligence not occurred. Recoverable losses typically include:
– Direct financial loss caused by the negligent act or omission.
– Consequential loss, provided it was reasonably foreseeable.
– Wasted costs incurred as a result of the professional’s failure.
– Interest on the principal sum recovered.
– Legal costs, subject to the court’s discretion.
You are required to take reasonable steps to mitigate your losses, and any contributory negligence on your part may reduce the damages awarded. In most cases, the professional’s professional indemnity (PI) insurance funds the defence and any settlement, making claims commercially viable to pursue.
Acting promptly is essential. Under the Limitation Act 1980, the primary limitation period is six years from the date the cause of action arose.
Where you could not reasonably have discovered the negligence at the time, section 14A of the Limitation Act 1980 provides a three-year extension from the date you first had the knowledge required to bring a claim. Section 14B imposes an absolute 15-year long-stop from the date of the negligent act, regardless of when you became aware of the loss.
Time limits can be complex and fact-specific. If you are approaching a deadline, or are unsure when time began to run, seek advice immediately.
You must establish a duty of care, a breach of that duty and a resulting loss. Expert evidence from an independent specialist is typically required to demonstrate that the professional’s conduct fell below the standard of a reasonably competent practitioner in their field.
The primary period is six years from when the cause of action arose. Section 14A of the Limitation Act 1980 allows a further three years from the date of knowledge where the loss was not immediately discoverable. An absolute 15-year long-stop applies under section 14B. Seek advice as early as possible.
Damages aim to restore you to the financial position you would have been in but for the negligence, covering direct loss, consequential loss and interest. The precise amount depends on the nature of the negligence, the losses flowing from it and any steps taken to mitigate.
Most claims do not reach court. The Pre-Action Protocol for Professional Negligence is designed to encourage early settlement through negotiation or ADR. Court proceedings are reserved for cases where settlement cannot be agreed.
Contact us for an initial assessment. We will review the advice or work involved, identify potential losses and provide an honest view of the merits before you commit to taking matters further.
Regulated professionals are required to carry PI insurance. This typically covers their defence costs and any settlement or judgment. The existence of PI cover makes professional negligence claims commercially viable to pursue, even where the professional has limited personal assets.
Costs depend on the complexity and value of the claim. Contact our team to discuss your options.
If you believe a professional has caused you financial loss through negligent advice or substandard work, our team is here to help. Complete our online enquiry form and a member of our team will respond promptly.
Legal Considerations
Professional negligence is primarily a tortious claim founded on a duty to take reasonable care, however there is often a contractual element also, even if via implied term or through operation of statute.
To have a viable claim for professional negligence you need to establish that a duty of care or fiduciary/statutory duty exists, which has been breached and that breach caused the claimant to suffer recoverable loss.
You must demonstrate that the loss was directly caused by the negligence; i.e. ‘but for’ the action complained of would the damage still have resulted?
The question to consider is whether the loss was reasonably foreseeable and not too remote. This means the loss cannot have been caused by an intervening act of a third party, and was reasonably within the contemplation of the parties at the time of contracting, otherwise the chain of causation is broken.
In the event that a claim is issued, then the parties must comply with the Professional Negligence Pre-Action Protocol, which encourages early cooperation between parties and the exchange of information to attempt to resolve without recourse to court proceedings.
Find out how our professional negligence solicitors can help with disputes.
Other factors to Consider
Other factors to Consider
Company buyback of shares and subsequent cancellation. This can be a useful route provided 75% of the shareholders will consent as the Company meets the acquisition cost; however it must have sufficient surplus cash.
If a founder is looking to step aside then perhaps a reorganisation can assist with the variation of rights but retention of financial reward.
An anti-embarrassment clause can operate effectively in any settlement agreement, with the sale price for shares being uplifted if an event such as a sale of the business occurs or funding is received subsequent to exit.
A key to the resolution of a dispute is often an independent valuation of the relevant shareholding. To secure this the parties will need to determine the basis of the valuation.
News, Insights & Resources
We are delighted that Tammy Evans, Partner and Head of Dispute Resolution at Ignition Law, has been recognised as a Band 2 lawyer for SME-focused firms in the Chambers UK Guide 2027.
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