Professional Negligence Solicitors

Our expert business law solicitors can help your business if you are needing to go through the professional negligence process, by assessing the strength of your claim or defence, gather evidence and build a solid case. 

We can act for or against any type of business, no matter the size. Contact us today, we can help.

What is professional negligence? 

Professional negligence occurs when a professional does not meet the expected standard of care and performance in their work, resulting in financial losses, physical harm or damage to a customer’s interest. 

For example, if an accountant fails to provide the correct financial information when working on the businesses tax returns, this is then classed as professional negligence, because this error will result in fines or penalties from the HMRC. 

Professional negligence can occur from simple administrative mistakes to legal oversights and even deliberate neglect of a customer’s best interests. Because of this, your business may then be at risk from financial penalties, unnecessary expenses and significant stress. 

The process

If you need to raise a professional negligence claim, there is a legal process that you will have to go through. 

Preliminary notice

This is the first step in the legal process. A Preliminary Notice is a written notice to the potential defendant(s) showing your intention to consider a claim against them. 

Letter of Claim

If you determine that you do in fact have grounds for a professional negligence claim, the next step you will need to take is to send a Letter of Claim to the defendant, notifying them of your intent to proceed with legal action.  The Preliminary Notice and/or your Letter of Claim must comply with certain Pre-Action Protocols that derive from the Civil Procedure Rules 

Letter of Acknowledgment

The defendant in question then must respond within 21 days of receiving the Letter of Claim by issuing a Letter of Acknowledgment. The letter confirms that they have received your claim and are aware of the allegations against them. 

Investigations

The investigation stage allows the defendant in question three months once the letter of acknowledgement has been issued, to review the claims details, gather information and formulate a response. 

Letter of Response and Settlement

After the defendant has concluded their investigation within the 3 month time frame (unless an extension has been agreed), their legal team will then present either a Letter of Response, a Letter of Settlement or a combination of the both. 

A letter of response is an openly communicated document that can be used within a court of law, outlining the defendant’s response to the claim. 

A letter of settlement outlines the defendant’s proposed terms for settling the claim, or specifying any further information that is required before they can present their letter of settlement. 

Alternative Dispute Resolution (ADR)

In a professional negligence case, it can be best practice to suggest Alternative Dispute Resolution (ADR) within the letter of claim, response or acknowledgement as a way to resolve the claim without having to go to court. 

Our solicitors are experts in all ADR methods and can help you get a resolution that suits your business needs. 

How Eric Robinson Solicitors can help

Our solicitors can provide you and your business with expert help, advice and guidance with raising or defending a Professional Negligence claim. 

We are experts in both dispute resolution and business law, we will ensure that your claim is dealt with efficiently and professionally, working hard to achieve the best outcome for you and your business. 

If a claim does result in a court hearing, our solicitors can represent you and expertly guide you through this process. 

To speak to us and find out more, get in touch with one of our local branches at the following locations: Southampton, Hedge End, Chandlers Ford, Winchester, Lymington, or Richmond Upon Thames.