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Breach of Duty Professional Negligence

Breach of Duty Professional Negligence

breach of duty professional negligence

Professional negligence occurs when a professional fails to perform their duties competently, causing harm or damage to their client or patient. Whether it involves a negligent solicitor, insurance broker, accountant, financial advisor, or any other professional, individuals depend on their expertise to provide competent services.

If you suspect that a professional has not performed their responsibilities to the required standard, consulting with a solicitor specialising in professional negligence can provide valuable advice and support.

At Annecto Legal, we connect clients with the right professional negligence solicitors and dispute resolution team to handle their claim effectively. Additionally, we can assist in securing litigation funding for your case.

Our services are tailored to ensure that businesses or individuals who have suffered financial losses or damage due to professional negligence have the best possible chance of seeking compensation.

What is a breach of duty?

A breach of duty occurs when a professional does not adhere to the standards of practice of their profession, leading to damages. This breach can manifest in various forms, including errors, omissions, or failure to act according to the accepted practices and guidelines.

The first step in proving a breach of duty is to demonstrate that the professional owed a duty of care. This duty is often implied in professional-client relationships, but it needs to be clearly defined based on the circumstances of your case.

Once the duty of care is established, you must show that the professional breached that duty by providing a service that fell below the standard of care expected in their profession.

You will also need to establish a direct link between the professional’s breach of duty and the harm or loss you suffered. This means proving that you suffered loss as a result of the negligence.

Choosing the right solicitor

When considering the process of proving breach of duty professional negligence, it is crucial to acknowledge the significance of selecting the appropriate solicitor for your case.

When making a claim for professional negligence, it is not essential to instruct the most expensive solicitor; however, your typical high street solicitor may not be the best choice either.

It is imperative to select a solicitor with the relevant specialisation for your case to ensure the most favourable outcome. You should opt for a solicitor with the experience and expertise required to prove professional negligence in the most efficient and cost effective manner.

Furthermore, considering how your solicitor will be perceived by the opposing party is essential.

Moreover, you might want to evaluate your solicitor’s willingness to work on a risk-sharing basis and their experience in dealing with legal funders and insurers. These factors can significantly impact the trajectory and success of your case.

Seeking guidance from an expert professional negligence solicitor as soon as possible will ensure that the claim is made within the specified limitation period. It is also important to seek guidance promptly, as an expert witness may be required.

Funding a professional negligence claim

Below are some of the options for funding a professional negligence case.

  • Conditional fee agreements – Conditional fee agreements (CFAs), also known as ‘no win, no fee agreements’, are a type of funding arrangement that allows individuals to pursue a claim without paying legal fees upfront. Under a no win, no fee basis, the law firm agrees to take on the case and only charges a fee if the case is successful. If the case is unsuccessful, the client does not have to pay these legal fees. 
  • Contingency fee agreement – Some professional negligence lawyers may offer to take on a professional negligence case on a contingency fee basis, which means that they will only charge a fee if they are successful in securing a financial settlement or damages. The fee payable to the solicitor is usually a percentage of the amount recovered, and if the case is unsuccessful, the law firm will not charge a fee.
  • After the event insurance – After the event (ATE) insurance is a type of insurance that can provide cover for legal costs in the event that a case is unsuccessful. This option can be particularly useful in cases where the outcome is uncertain, and the costs of losing a case could be significant. ATE insurance is often used with conditional fee agreements.
  • Third party litigation funding – In some cases, third party litigation funders may be willing to provide funding for a professional negligence case in exchange for a percentage of any financial settlement or damages awarded. This option can be attractive for individuals who cannot afford to pay for legal fees themselves but have a strong case.

How can Annecto Legal assist?

Understanding how to prove breach of duty professional negligence can be a complex task, which is why it is vital to have an expert on your side. At Annecto Legal, our team of professional advisors help clients to identify suitable legal representation for their professional negligence cases.

If you are thinking about bringing a professional negligence claim or believe a professional has been negligent and want to find out whether you’ve got a claim, then contact Annecto Legal now. We can help find you the right representation, as well as managing your financial risks and sourcing funding for your legal fees.

Unfortunately, because of the high costs of legal actions in the UK, we only assist in disputes in which the financial value of the claim is over £250,000, at the absolute minimum. We would like to be able to help on other claims, but we just don’t have access to any products that can assist on smaller matters.

Get in touch

* Annecto Legal can only assist on case where the loss is in excess of £100,000, with the exception of data breach claims. If you need assistance on a claim worth over £100,000, please get in touch using our form or the details below:

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Annecto Legal Ltd, 106 Kennedy Building, Murray Street, Manchester , M4 6HS


0800 612 6587


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