Civil Litigation
Professional Negligence Barristers for Individuals
For people let down by a Solicitor on a house purchase or will, a surveyor who missed a defect, or an adviser whose recommendation cost them money.
Takes about 2 minutes. No obligation.
Barristers regulated by the Bar Standards Board
Individuals usually meet professional negligence at moments that matter: buying a home, making a will, settling a divorce or injury claim, or investing a lump sum. If a Solicitor missed a restrictive covenant or a short lease, a surveyor failed to spot subsidence, or an adviser recommended an unsuitable product, you may have a claim for the loss that followed. The professional will usually be insured, and their insurer will often run the defence.
The standard is not perfection. A professional is judged against what a reasonably competent member of the same profession would have done at the time, and is not negligent simply because others would have taken a different approach that was also responsible. Claims are brought in contract, where you were the client, and in tort, which can also allow claims by some people who were not clients, such as disappointed beneficiaries under a will that was not properly prepared. The professional is only liable for losses within the scope of the duty they took on, so identifying exactly what they were asked to do, usually from the engagement letter or terms of business, is essential.
Where the negligence caused you to lose a case or a deal, the claim is often for loss of a chance: the court assesses what your prospects of a better outcome would have been and discounts your damages accordingly. Limitation also needs care. The ordinary six-year period may have expired, but section 14A of the Limitation Act 1980 can give a further three years from when you knew enough to bring a claim, subject to a fifteen-year longstop from the negligent act. Many claims against Solicitors are discovered only when a property is sold or a will takes effect.
Before issuing, the Pre-Action Protocol for Professional Negligence requires a detailed letter of claim, an acknowledgement within 21 days and a letter of response, usually within three months. Claims against financial advisers may also be suitable for the Financial Ombudsman Service, and complaints about Solicitors' service can go to the Legal Ombudsman. A Direct Access Barrister can advise on the best forum, draft the letter of claim and particulars, and represent you, while you send the correspondence and file documents.
What Professional Negligence Barristers Do
Testing the Allegation
Advice on the elements of a claim:
- What the retainer or engagement letter required
- Whether the work fell below the competent standard
- Whether a supportive expert opinion is needed
- Scope of duty and which losses are recoverable
- Loss of a chance and how it is valued
- Section 14A knowledge and the fifteen-year longstop
Professionals Commonly Involved
Claims by individuals often concern:
- Conveyancing Solicitors on a home purchase
- Will drafting and execution errors
- Solicitors who let a claim become time-barred
- Surveyors and valuers on a residential survey
- Independent financial advisers and pension transfers
- Accountants preparing personal tax returns
Protocol and Court Drafting
Your Barrister can prepare:
- A letter of claim meeting the protocol's content rules
- A request for the professional's file
- Particulars of claim with a schedule of loss
- A reply to the insurer's letter of response
- A standstill agreement to pause limitation
- Instructions to an expert in the defendant's profession
You send the letters, request your file and issue proceedings; your Barrister supplies the content and timetable.
What You Bring
With Direct Access you:
- Ask the professional for a complete copy of your file
- Gather the engagement letter and invoices
- Keep survey reports, completion statements or advice letters
- Obtain valuations showing the loss in money
- Notify any ombudsman within its deadlines
- Liaise with the professional's insurer
How Direct Access Works
- 1
File Request and Review
You ask the professional for your file, which you are normally entitled to. Your Barrister reviews it against what you were told and what went wrong.
- 2
Preliminary Opinion
Your Barrister advises on breach, causation, the value of the loss and limitation, and whether an expert from the relevant profession should be consulted before a letter of claim.
- 3
Letter of Claim
Your Barrister drafts a detailed letter of claim under the protocol. The professional should acknowledge it within 21 days and pass it to their insurer.
- 4
Investigation and Response
The professional has up to three months from acknowledgement to investigate and send a letter of response or settlement proposal. If limitation is close, a standstill agreement can be agreed.
- 5
Negotiation or ADR
Many claims resolve through negotiation or mediation with the insurer. Your Barrister can advise on offers and attend a mediation to argue your position.
- 6
Proceedings and Trial
If no settlement is reached, you issue proceedings with particulars your Barrister drafts. Expert evidence on the professional standard is usually central at trial.
Does your case qualify for Direct Access?
Tell us about your matter and we'll confirm whether you can instruct a Barrister directly, then match you with the right specialist.
Prefer to talk? Call 0800 302 9921. Lines open 8am to 8pm, same-day callback.
Frequently Asked Questions
Is a mistake the same as negligence?
No. The question is whether a reasonably competent professional in the same field, at the time, would have acted as they did. An error of judgement that a responsible body of practitioners would have made is not negligent. A clear failure to do something any competent practitioner would do, such as checking a lease term, usually is.
I bought a house and the survey missed serious damp. Can I claim?
Possibly. You would need to show that a competent surveyor carrying out the type of survey you paid for would have spotted it. Damages are usually measured by the difference between what you paid and what the property was actually worth with the defect, rather than the full cost of repair, which surprises many buyers.
My Solicitor let my injury claim run out of time. What can I do?
You can bring a claim against the Solicitor for the value of the claim you lost. The court does not rerun the original case in full; it assesses your prospects of success and the likely award, then applies that percentage. The original claim's strength and value become the key evidence.
Can I sue over a will even though I was not the client?
In some cases. A beneficiary who loses an intended gift because a Solicitor failed to prepare or arrange execution of a will properly may have a claim, even though only the person making the will was the client. These claims are fact sensitive and often have tight timescales.
Should I use an ombudsman instead of going to court?
It depends on the size of the loss and the type of professional. The Financial Ombudsman Service and the Legal Ombudsman are free to complainants and can make awards up to set limits, but they have their own time limits and do not award everything a court might. Your Barrister can advise which route suits your claim, and whether accepting an ombudsman decision would prevent a later court claim.
Do I need an expert report?
Usually, for anything beyond an obvious error. The court generally expects evidence from a member of the same profession about the standard of care. Your Barrister can advise when to commission one, as a report obtained too early or with the wrong questions can be expensive and unhelpful.
Can I bring a professional negligence claim through Direct Access?
Yes, for advice, drafting and advocacy. Because these claims involve a protocol exchange, expert evidence and often an insurer with experienced Solicitors, your Barrister will consider whether you can manage the administrative side, and may suggest a Solicitor for larger or document-heavy claims.
What will the Barrister's fees be?
Fixed fees, agreed up front. Advice starts from £250 and court representation from £850, with a clear quote before any work begins.
Let Down by a Solicitor, Surveyor or Adviser?
Get an independent view on whether their work fell below the standard, what it cost you and how long you have to act.
Or call us: 0800 302 9921. Lines open 8am to 8pm, same-day callback.