Professional Negligence

Professional negligence occurs when a professional fails to exercise the skill, care, and diligence expected of a reasonably competent practitioner in their field, causing harm to their client. This differs from ordinary negligence because professionals are held to a higher standard based on their specialised knowledge and training. The claimant must prove that the professional owed them a duty of care, that the professional breached that duty by falling below the accepted standard, that the breach caused the harm, and that actual damages resulted. Professional negligence claims can be brought against various professionals including solicitors, accountants, architects, surveyors, financial advisers, and other service providers.

Proving breach of professional duty requires establishing four elements: that the professional owed a duty of care to the client, that the professional failed to meet the standard of care expected of a reasonably competent practitioner in that field, that the breach caused the client's loss or harm, and that the client suffered actual damages. Evidence may include the retainer or engagement letter establishing the professional relationship, correspondence showing the professional's actions or inaction, expert testimony from other professionals about the applicable standard of care, and documentation of the financial or other harm caused. The standard of care is typically assessed by comparing the professional's conduct to what a reasonably competent professional would have done in similar circumstances.

Professional negligence claims can be brought against a wide range of professionals who provide specialised services. Common targets include solicitors and barristers for legal errors, accountants and tax advisers for financial mistakes, architects and surveyors for design or valuation errors, financial advisers and insurance brokers for unsuitable advice, surveyors and valuers for inaccurate property assessments, and other professionals such as engineers, consultants, and healthcare providers. The key requirement is that the person holds themselves out as having specialised knowledge or skills and is relied upon by clients who lack that expertise. The claim must relate to the professional's work in their professional capacity rather than general business advice.

The standard of care for professionals is the level of skill and care that a reasonably competent practitioner in that field would provide. This is an objective standard based on what is expected of professionals with similar training, qualifications, and experience. The standard varies by profession and may be influenced by industry practices, professional codes of conduct, and regulatory requirements. For complex or specialised work, the standard may be higher. The court considers what a competent professional would have done in the same circumstances, including whether they would have taken the same actions, given the same advice, or exercised the same judgment. Expert evidence is often required to establish the applicable standard of care.