Home Legal Services Professional Negligence

Professional Negligence Solicitors

If you believe a professional you have used has been negligent, our team of professional negligence lawyers can help you bring a claim

You trusted a professional to do their job properly. They didn’t. Now you’re facing financial loss, stress, and the frustrating task of putting things right. Whether it’s a solicitor who missed a deadline, a surveyor who missed defects, or an accountant who gave you bad advice, our professional negligence team can help you recover what you’ve lost.

Get a free, no-obligation chat with our commercial litigation team, call us on 02920 829 100 or use our Contact us form.

Excellent rating by Review Solicitors | Ranked in Legal 500


Professional Negligence Solicitors: When a Professional Lets You Down

When you hire a professional, you expect them to know what they’re doing. Solicitors, surveyors, accountants, architects, financial advisers: they all have qualifications, training, and insurance. They’re supposed to get it right.

But sometimes they don’t. A surveyor misses serious structural defects. A solicitor fails to register your property properly. An accountant gives tax advice that lands you with a massive penalty. When professionals make mistakes, the consequences can be devastating.

If you’ve suffered financial loss because a professional failed to do their job properly, you may be able to claim compensation. Professional negligence claims hold these professionals accountable and recover the money you’ve lost.

Time limits apply to these claims. In most cases, you have six years from the negligent act, or three years from when you discovered (or should have discovered) the problem. Don’t sit on this. The sooner you act, the better your chances of a successful outcome.

Think a professional has let you down? Contact us for a free initial conversation, and we’ll tell you where you stand.

 


What Is Professional Negligence?

Professional negligence happens when a professional fails to perform their duties to the standard expected of a reasonably competent person in their field, and that failure causes you financial loss.

It’s not just about making a mistake. To succeed in a professional negligence claim, you need to prove three things:

1. They owed you a duty of care This is usually straightforward. If you hired the professional (or they were hired on your behalf), they owed you a duty to act with reasonable skill and care.

2. They breached that duty Their work fell below the standard expected of a competent professional in their field. The question isn’t whether they did their absolute best, but whether they met the minimum standard that any reasonable professional should achieve.

3. That breach caused you loss You suffered measurable financial loss as a direct result of their negligence. This is often the most complex part of the claim, because you need to show what would have happened if they’d done their job properly.

If all three elements are present, you likely have a valid professional negligence claim.

 


Types of Professional Negligence Claims We Handle

Solicitor Negligence

Suing your solicitor might feel uncomfortable, but it’s one of the most common types of professional negligence claim. Solicitors handle transactions and legal matters where small mistakes can have enormous consequences.

Common examples of solicitor negligence:

  • Missing court deadlines or limitation periods
  • Failing to register property correctly at the Land Registry
  • Giving incorrect advice on contracts, wills, or trusts
  • Drafting errors in legal documents
  • Under-settling personal injury or clinical negligence claims
  • Poor handling of conveyancing transactions
  • Missing crucial clauses in commercial agreements
  • Failing to advise on all available options
  • Immigration errors leading to visa refusals or deportation

If your solicitor’s mistake has cost you money or caused you to lose a legal right, we can assess whether you have a claim.

 

Surveyor Negligence

You paid for a professional survey to give you peace of mind before buying a property. The surveyor assured you everything was fine. Then you moved in and discovered serious and expensive problems they should have spotted.

Common examples of surveyor negligence:

  • Failing to identify structural defects (subsidence, cracks, movement)
  • Missing damp, rot, or woodworm
  • Overlooking Japanese knotweed or invasive species
  • Not spotting asbestos in older properties
  • Failing to identify drainage or flooding risks
  • Inaccurate property valuations
  • Missing defective roofing or poor construction
  • Failing to check planning permission compliance

Surveyors should carry professional indemnity insurance, so compensation is usually recoverable if they were negligent. The key is proving what a competent surveyor would have found.

Accountant Negligence

Accountants handle your finances, tax affairs, and business accounts. When they get it wrong, the consequences can be serious: unexpected tax bills, penalties from HMRC, or business decisions based on flawed information.

Common examples of accountant negligence:

  • Incorrect tax advice leading to penalties
  • Errors in company accounts or financial statements
  • Failing to meet filing deadlines
  • Poor advice on business structures or transactions
  • Mistakes in inheritance tax planning
  • Failing to claim legitimate tax reliefs
  • Errors in payroll or VAT calculations
  • Not advising on the tax consequences of transactions

If your accountant’s mistakes have cost you money, whether through penalties, lost tax relief, or poor business decisions, you may have a claim.

Financial Adviser Negligence

Financial advisers help you make important decisions about investments, pensions, and financial planning. When they recommend unsuitable products or fail to explain the risks, you can suffer significant financial harm.

Common examples of financial adviser negligence:

  • Recommending unsuitable investments for your risk profile
  • Failing to explain fees, charges, or risks
  • Poor pension transfer advice (including SIPP transfers)
  • Advising you to invest in high-risk or unregulated schemes
  • Not conducting proper “know your customer” assessments
  • Conflicts of interest affecting advice given
  • Failure to review and update advice over time

You may also be able to complain to the Financial Ombudsman Service, though their compensation limits may not cover your full losses.

 

Architect Negligence

Architects design buildings and often oversee construction projects. Errors in design or project management can lead to buildings that don’t meet your requirements, exceed budget, or have serious defects.

Common examples of architect negligence:

  • Design flaws that don’t meet building regulations
  • Failing to obtain proper planning permission
  • Underestimating project costs or timescales
  • Poor project management and coordination
  • Designs that don’t match your brief or instructions
  • Structural issues arising from design errors
  • Not considering practical issues like drainage or access

Architect negligence claims can be complex, often involving technical expert evidence. But if your architect’s errors have cost you money, you may be entitled to make a claim.

Other Professional Negligence Claims

We also handle claims against:

  • Barristers: Poor advice, missed deadlines, or inadequate representation
  • Insurance brokers: Arranging inadequate cover or failing to advise on policy terms
  • Engineers: Design errors or failed inspections
  • Project managers: Cost overruns, delays, or coordination failures
  • Valuers: Overvaluing or undervaluing assets
  • Tax advisers: Incorrect tax planning leading to unexpected liabilities
  • Estate agents: Misrepresentation or negligent advice on property sales

Whatever professional let you down, get in touch. We’ll assess your situation and advise whether you have a claim.

 


How Do You Prove Professional Negligence?

Professional negligence claims require you to show that the professional’s work fell below an acceptable standard. This typically involves:

Expert Evidence

We’ll usually need an independent expert in the same field to review what the professional did and give their opinion on whether it met the required standard. For example, a claim against a surveyor would need another surveyor to examine the property and confirm what should have been identified.

Documenting Your Loss

You need to show what financial loss you’ve suffered and how it connects to the negligence. This might include:

  • Repair costs you’ve had to pay;
  • Additional professional fees to put things right;
  • Lost opportunities (like a case you can no longer pursue);
  • Increased tax liabilities;
  • The difference between what you paid and what something was worth;
  • Consequential losses flowing from the negligence.

Establishing Causation

This is often the trickiest part. You need to show that “but for” the negligence, you wouldn’t have suffered the loss. For example, if a solicitor missed a deadline, we need to show that you would probably have won your case if it had proceeded.

We’ll work with you to build the strongest possible case, gathering evidence, instructing experts, and quantifying your losses properly.

 


Time Limits for Professional Negligence Claims

Don’t delay. Professional negligence claims have strict time limits:

Primary Limitation Period: 6 Years

For most claims, you have six years from the date of the negligent act (for contract claims) or six years from when you first suffered loss (for tort claims). After this, your claim is usually time-barred.

 

Secondary Limitation Period: 3 Years from Knowledge

If you didn’t discover the negligence until later, you may have an additional three years from the date you knew (or should reasonably have known) about the problem. This is called the “date of knowledge” rule.

You don’t need to know for certain that negligence occurred. It’s enough that you had reason to suspect something was wrong and to investigate further.

 

Longstop Period: 15 Years

There’s an absolute cut-off of 15 years from the negligent act. After this, no claim can be brought, regardless of when you discovered the problem.

 

Why Acting Quickly Matters

  • Evidence is fresher and easier to gather;
  • Witnesses have better recall;
  • The professional’s insurance is more likely to still be in place;
  • You avoid the risk of being time-barred.

If you think you might have a claim, get advice now. Even if you’re not sure whether it’s within time, we can assess your position.

 


The Professional Negligence Claims Process

Step 1: Initial Assessment

We’ll discuss what happened, review any documents you have, and give you an honest view of whether you have a viable claim. This initial assessment is free and without obligation.

 

Step 2: Gathering Evidence

If you decide to proceed, we’ll collect relevant documents, correspondence, and evidence. We’ll identify what expert evidence is needed and instruct appropriate specialists.

 

Step 3: Pre-Action Protocol

Professional negligence claims follow a specific procedure called the Pre-Action Protocol for Professional Negligence. This involves:

  • Preliminary notice: Alerting the professional to your intention to claim;
  • Letter of claim: A detailed document setting out what went wrong, why it was negligent, and what losses you’ve suffered;
  • Letter of response: The professional has 90 days to investigate and respond.

This process is designed to encourage settlement without court proceedings. Failing to comply with it can attract costs sanctions.

 

Step 4: Negotiation and Alternative Dispute Resolution

Most professional negligence claims settle without going to trial. We’ll negotiate on your behalf, exploring all options for resolution including:

  • Direct negotiation with the professional or their insurers;
  • Mediation with an independent mediator;
  • Adjudication (particularly for construction-related claims).

 

Step 5: Court Proceedings (if Necessary)

If settlement can’t be reached, and we’ve exhausted the other options for resolution, we’ll issue court proceedings. Even after proceedings are issued, most cases still settle before trial.

 

Step 6: Trial and Judgment

If your case goes to trial, a judge will hear evidence from both sides and make a decision. Trials are expensive and unpredictable, which is why we always explore settlement first.

 


How Much Could You Receive?

The aim of a professional negligence claim is to put you back in the position you would have been in if the negligence hadn’t happened, by way of payment of damages to compensate you. This might include:

Direct financial losses:

  • Money you’ve had to pay out because of the negligence;
  • Reduced value of assets;
  • Increased costs or liabilities.

Consequential losses:

  • Additional professional fees to rectify the problem;
  • Lost profits or business opportunities;
  • Interest on money you should have had.

Costs:

  • If successful, you can typically recover a substantial proportion of your legal costs from the other side.

Every case is different. The amount you can recover depends on what loss you’ve actually suffered and what can be proven. We’ll give you a realistic assessment of the likely range of compensation as early as we can in the process.

 


Funding Your Professional Negligence Claim

We understand that after suffering financial loss, the last thing you want is uncertainty about legal costs. We can offer several funding options:

Conditional Fee Agreement (“no win, no fee”)

For suitable cases, we can offer a conditional fee agreement. This means:

  • You pay no or reduced legal fees while your case is ongoing;
  • If you lose, there is nothing further for you to pay in respect of our fees;
  • If you win, you pay a success fee (a percentage uplift on our base costs, capped by law).

Not all cases are suitable for a conditional fee agreement, and most will need clients to privately fund the initial stages of work whilst we gather evidence and assess the strength of your claim, and whether it will be suitable for this type of agreement. We assess each case on its merits, value, and prospects of success.

 

Legal Expenses Insurance

Check your home, car, or business insurance policies. Many include legal expenses cover that could fund your claim. We can help you check whether you have before-the-event (BTE) insurance that applies.

After-the-event (ATE) insurance can also be arranged to protect you against the other side’s costs if you lose.

 

Private Funding

For cases which are not suitable for funding or insurance, the matter will need to be privately funded. Some clients prefer to pay our fees as the case progresses, avoiding success fees and insurance premiums. We’ll provide clear cost estimates upfront and keep you informed throughout.

 

Fixed Fee Assessment

We may be able to offer a fixed fee initial assessment so you know exactly what the early-stage costs will be before committing further.

Whatever your circumstances, we’ll discuss funding options at the outset and find an approach that works for you.

 


Why Darwin Gray?

Choosing a law firm is a big decision. You want experts who understand your situation, respond when you need them, and give you straight answers. That’s us. We’re one of Wales’ leading commercial law firms, and we do things a little differently.

 

Direct Access to the People Doing the Work

You won’t be passed through layers of gatekeepers here. When you call, you’ll speak to the solicitor handling your matter. You’ll have their mobile number, their email, and a genuine working relationship. Our clients tell us this makes all the difference, especially in complex litigation where you need responsive, informed advice.

 

A Team That Actually Collaborates

We don’t work in silos. Our dispute resolution team shares knowledge, jumps in on each other’s cases, and stays close to every matter. If your usual contact is unavailable, someone else can step in quickly, without a formal handover and without missing a beat. Better continuity for you, and faster results.

 

Quick Decisions, Faster Responses

Devolved decision-making and flexible working hours mean we can move at pace. Professional negligence claims often have time-sensitive issues, from limitation deadlines to preservation of evidence. We’re set up to respond quickly when it matters.

 

Relationships That Go Beyond the File

Getting to know our clients properly matters to us. Face-to-face meetings, regular updates, and genuine investment in understanding your situation. Plenty of larger firms aren’t prepared to do that. We are.

 

Straight-Talking, Commercial Advice

You’ll always get the full picture from us. Clear options, realistic assessments of your prospects, and honest advice about costs and risks. No sugar-coating, no hedging. Just practical guidance and high-quality legal work at a fair price.

 

Wales’ Leading Welsh Language Law Firm

We’re the leading commercial law firm with offices in South and North Wales offering Welsh language legal services at every level, from trainees right through to partners. This isn’t an add-on or a tick-box exercise. It’s part of who we are. If you need a solicitor who can work fluently in Welsh, you’ll find that expertise right across our team.

 


Our Process: How We Work With You

1. Initial Assessment We’ll talk through your situation, understand what went wrong, and give you an honest view of whether you have a claim. No obligation, no pressure.

2. Case Evaluation If we think you have a claim, we’ll explain the process, realistic timelines, likely costs, and funding options. We’ll also review the evidence which is already available and consider your instructions to give you a preliminary view on the value and prospects of your claim.

3. Evidence Gathering We’ll help you collect relevant documents and correspondence, and instruct appropriate experts to assess whether the professional’s work fell below the required standard.

4. Pre-Action Steps We’ll send the preliminary notice and letter of claim, setting out your case in detail and inviting the professional to respond. Many claims settle at this stage.

5. Negotiation and ADR We’ll negotiate robustly on your behalf, exploring all options for settlement including mediation if appropriate.

6. Court Proceedings (if Needed) If settlement can’t be achieved, we’ll issue proceedings and guide you through the litigation process, always looking for opportunities to resolve the matter.

 


Fees and Funding

We believe in being upfront about costs. In the early stages of our instruction, we’ll discuss with you:

  • Whether your case is suitable for a conditional fee agreement, and what steps might be needed to explore this further;
  • Whether you have legal expenses insurance that could apply;
  • Our hourly rates and estimated costs if your matter will be privately funded;
  • The costs risks if your claim is unsuccessful.

 


FAQs: Professional Negligence Claims

What is professional negligence?

Professional negligence occurs when a qualified professional fails to perform their duties to the standard expected of a reasonably competent person in their field, causing you financial loss. It applies to solicitors, surveyors, accountants, architects, financial advisers, and other professionals who provide specialist services. The key is showing that their work fell below the minimum standard, not just that you’re unhappy with the outcome.

 

How do I know if I have a professional negligence claim?

You need three things: a duty of care (usually established by your relationship with the professional), a breach of that duty (their work fell below the expected standard), and resulting loss (you suffered financial harm because of their failure). If you suspect something went wrong but aren’t sure whether it amounts to negligence, we can assess your situation and tell you honestly whether you have a viable claim.

 

What is the time limit for making a professional negligence claim?

The primary limitation period is six years from the negligent act or from when you first suffered loss. If you didn’t discover the negligence until later, you may have three years from the date you knew (or should have known) about the problem. There’s an absolute longstop of 15 years. Time limits are strict, so get advice as soon as you suspect something is wrong.

 

Can I sue my solicitor for negligence?

Yes. Solicitor negligence is one of the most common types of professional negligence claim. Solicitors handle matters where mistakes can have serious consequences: missed deadlines, drafting errors, poor advice, or failure to protect your interests. If your solicitor’s negligence has cost you money or caused you to lose a legal right, you may have a claim against them.

 

Can I make a professional negligence claim on a no win, no fee basis?

Some professional negligence claims are suitable for conditional fee agreements (often referred to as no win, no fee funding). We assess each case individually based on its merits, value, and prospects of success. If your case qualifies, your liability for legal fees while the case is ongoing will be reduced, and you only pay a success or an uplift fee if you win. Not every case is suitable, but we’ll discuss all funding options with you.

 

How much compensation can I claim for professional negligence?

Compensation (damages) aims to put you back in the position you would have been in without the negligence. This includes direct financial losses, consequential losses, and often a contribution towards your legal costs. The amount depends entirely on what loss you’ve suffered and can prove. Claims range from thousands to millions of pounds depending on the circumstances.

Do professionals have insurance to pay claims?

Most regulated professionals are required to carry professional indemnity insurance. This means that if your claim succeeds, compensation is typically paid by their insurer rather than personally by the professional. This also means there’s usually money available to pay your claim, making recovery more straightforward than many other types of litigation.

 

What evidence do I need for a professional negligence claim?

You’ll need documents showing your relationship with the professional (engagement letters, contracts, correspondence), evidence of what they did or failed to do, and proof of your financial loss. We’ll usually also need an independent expert in the same field to confirm that the professional’s work fell below the required standard. We’ll help you gather and organise this evidence.

 

How long does a professional negligence claim take?

Timelines vary depending on complexity. Simple claims that settle through pre-action correspondence might resolve in 6 to 12 months. More complex cases requiring court proceedings typically take 18 months to 2 years. Some of the most complex cases can take even longer, and claims can be slowed by the need for interim applications or where parties fail to comply with court directions and orders as the case progresses. Most claims settle before trial, but you should be prepared for a process that takes at least a year.

 

What if the professional denies they were negligent?

Denial is common. Professionals (and their insurers) will often argue that they acted reasonably or that your loss wasn’t caused by their actions. This is why gathering strong evidence and instructing independent experts is important. We’ll assess the strength of your case early and give you an honest view of prospects, even if they’re likely to defend the claim.

 

Can I claim against a professional who has retired or closed their business?

Possibly. Professionals are usually required to maintain insurance for several years after ceasing practice, often referred to as ‘run-off insurance’. Even if the individual has retired, their former firm’s insurance may still cover claims. If a company has been dissolved, there may be ways to pursue a claim against insurers directly. The position can be complex, so get advice specific to your situation.

 

What’s the difference between a complaint and a negligence claim?

A complaint to a professional body (like the Solicitors Regulation Authority or RICS) deals with conduct and standards but doesn’t result in compensation for you. A negligence claim seeks to recover the financial loss you’ve suffered. You can pursue both, and sometimes a successful complaint strengthens your negligence claim. But if compensation is your goal, you need to bring a civil claim.

 


Professional Negligence Solicitors in Cardiff and Across Wales

While we’re based in Wales, we handle professional negligence claims across England and Wales. Our Cardiff office is ideally placed for clients throughout South Wales, and our North Wales office serves clients across the region.

Head Office (Cardiff)
9 Cathedral Road, Cardiff, CF11 9HA

North Wales Office
Unit F12, InTec, Ffordd y Parc, Parc Menai, Bangor, LL57 4FG

We’re happy to meet in person at either office, visit your premises, or arrange a video call if that’s more convenient.

 


Ready to Talk?

If a professional has let you down and you’ve suffered financial loss as a result, don’t wait. Time limits apply, and the sooner you act, the better your chances of a successful outcome.

Contact us for a free, no-obligation chat to see if we can help. We’ll give you an honest assessment of your situation and clear advice on the best way forward.

Please contact a member of our commercial disputes team in confidence here or on 02920 829 100 for a free initial call to see how they can help.


Contact Our Team

To speak to one of our experts today, please contact us on 02920 829 100 or by using our Contact Us form for a free initial chat to see how we can help.

Fiona Hughes
Senior Associate
View Profile
Kate Heaney
Senior Associate
View Profile
Patrick Murphy
Partner
View Profile
Rhodri Lewis
Partner
View Profile
Siôn Fôn
Senior Associate
View Profile

What our clients have said...