Professional negligence

by Practical Law Dispute Resolution

A practice note that summarises the key legal issues arising in professional negligence claims in England and Wales. This Practice Note outlines the potential grounds for a claim, including breach of contract, the tort of negligence, breach of fiduciary duty, and breach of statutory duty. It examines the concept of concurrent liability in contract and tort, exploring the practical differences regarding limitation periods, the measure of damages, and contributory negligence. The guidance details the essential requirements for establishing a claim in negligence: the existence of a duty of care, breach of that duty, causation, and the recoverability of loss. Key topics covered include the assumption of responsibility test in relation to establishing a duty of care, the scope of the duty of care, the standard of care for professionals as established by the Bolam test, causation principles including loss of chance, and the rules on remoteness and pure economic loss. This practice note also addresses available defences, clauses attempting to limit liability for professional negligence and compliance with the Professional Negligence Pre-action Protocol.