Professional negligence

Professional Negligence claims against solicitors and other professionals should be easier because of conditional fee agreements 'no win no fee'.

Professional negligence: the tests

In broad terms, to succeed against a solicitor for example, a claimant in professional negligence has to establish:

  • the existence of a duty of care on the part of the solicitor (other professional). That does not necessarily mean that the claimant is a client of the solicitor (other professional). There must however be close relationship between the two
  • a breach of duty by the solicitor (other professional)
  • the existence of a loss
  • causation; i.e. that breach of duty by the solicitor (other professional) has caused the loss

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