When someone is instructed in a professional capacity – whether they are a Surveyor, Solicitor, Accountant, Financial Adviser or another one of the many professional persons who might be instructed to provide professional services, that person is likely to owe not only a contractual obligation to the person instructing them but also a duty of care.
If a person breaches that duty of care resulting in the other person (the customer or client) suffering reasonably foreseeable loss then the professional might have been negligent.
Negligence is a TORT (civil wrong) and if someone is found to have been negligent, the Court may award damages against them in order to compensate the person who has suffered as a result.
Special pre-action protocols apply to professional negligence matters and it is important that the pre-action requirements are met and that genuine steps are taken to resolve matters at an early stage – through negotiation and alternative dispute resolution (mediation for example).
If you consider that you have suffered losses as a result of a professional person’s negligence or if you are a professional person and someone has alleged that you have been negligent in providing your professional services, it is important that you seek advice at an early stage so that you can better understand your position and how to proceed.
If you require assistance in respect of a professional negligence matter, please make contact with a member of our team.