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Professional Negligence FAQs

What is an example of professional negligence?

Professional negligence can apply to several different industries. These include financial planners, accountants, surveyors, lawyers, mortgage advisors, insurance brokers, business consultants and more.

A claim of professional negligence might be levelled against a party in these industries when any of the following occurs:

  • Poor business strategy recommendations
  • Improper tax advice
  • A faulty survey of a house that fails to uncover structural issues
  • Breaches of confidentiality
  • Improper insurance advice
  • Negligent investment advice
  • And more

If you’re unsure whether your claim falls under professional negligence, contact Gorvins to obtain guidance from one of our expert solicitors.

What must you prove to have a case for professional negligence?

To make a legitimate professional negligence claim, you’ll need to prove the following:

  • The professional in question had a duty of care towards you
  • That they breached the duty of care
  • That you suffered losses as a result of this breach.

You can’t claim for stress or inconvenience. There must be a material loss caused to you by the negligent actions.

What is the burden of proof in a negligence claim?

If you’re the claimant, you must prove on the balance of probabilities that the defendant has both been negligent and that their negligence led to losses or injury.

Proof on the balance of all probabilities simply means proving that it’s more likely than not. If say you were given a housing survey that led to you buying a structurally damaged house, you could present evidence that made it likely on the balance of probabilities that your surveyor was negligent in their statutory duties.