In English law, professional negligence occurs when a professional fails to perform their duties to the required standard, causing loss or harm to their client or another party.
Professional negligence arises from breaches of the duty of care owed by professionals—such as solicitors, accountants, architects, or doctors—who must perform services with reasonable skill and competence.
Understanding professional negligence emphasises accountability and competence among professionals, ensuring standards that protect clients and public confidence.
February 20, 2026
Mr Johnson, who conducted business through his company Westway Homes Limited, sued solicitors Gore Wood & Co. for professional negligence, claiming personal losses arising from their negligent handling of a property option. The House of Lords held his personal action was not an abuse of process despite the company having...
February 16, 2026
Claimants sought a declaration that their professional negligence claim against an architect was settled by agreement reached through mediation. The court held that a binding settlement was concluded when the claimants accepted the defendant's offer via the mediator, despite the defendant's argument that negotiations were 'subject to contract' and required...
January 18, 2026
A convicted criminal sued his barrister for negligence in conducting his defence at trial. The House of Lords unanimously held that barristers enjoy immunity from negligence claims arising from their conduct of litigation, based on public policy considerations including the barrister's duty to the court and the administration of justice....
October 5, 2025
A mother issued a wrongful birth claim after her son was born with spina bifida. Following her suicide and subsequent negligent delay by her solicitors, her estate and the child’s father sued the solicitors and barrister. The Court of Appeal granted limited permission to appeal only on the father’s personal...
October 3, 2025
Lenders suffered losses after advancing money on the strength of negligent property valuations and subsequent market falls. The House of Lords held valuers liable only for losses attributable to the overvaluation itself, not for all losses from the lending transaction, establishing the ‘information not advice’ and SAAMCO cap principles on...
October 2, 2025
Several linked appeals considered whether local education authorities and their staff could be liable in negligence for failures in identifying and addressing children’s special educational needs. The House of Lords recognised duties of care, allowed most appeals, and treated educational under-provision as actionable damage, including economic loss. Facts Phelps Pamela...
September 29, 2025
A claimant in a personal injury case sued his expert witness psychologist for negligently signing a joint statement that damaged his case and led to a reduced settlement. The Supreme Court abolished the immunity from negligence claims that expert witnesses had previously enjoyed when providing evidence for their instructing clients....
September 29, 2025
Parents wrongly suspected of child abuse sought damages for psychiatric injury caused by doctors' negligent misdiagnosis. The House of Lords held that healthcare professionals investigating child abuse owe no duty of care to parents, only to the child, due to the potential conflict of interest between protecting children and parents'...
September 14, 2025
Three clients sued their solicitors for negligence in civil litigation matters. The House of Lords was asked whether advocates' immunity from negligence claims should continue. The House unanimously abolished the immunity for civil proceedings, fundamentally changing the law to allow clients to sue negligent advocates. Facts Three separate appeals were...
September 14, 2025
Allied Maples acquired businesses from the Gillow Group but received negligent advice from their solicitors regarding protection against contingent liabilities from assigned leases. The Court of Appeal established that where loss depends on a third party's hypothetical actions, a claimant need only prove a substantial chance of success, with evaluation...
September 2, 2025
Developer BDW discovered structural defects in residential developments designed by engineer URS. BDW voluntarily carried out remedial works despite claims by homeowners being time-barred. The Supreme Court held BDW could recover costs in negligence, under the Defective Premises Act 1972, and for contribution, rejecting URS's argument that voluntarily incurred losses...
September 1, 2025
Mr and Mrs Watts purchased a country house relying on a negligent survey report that failed to identify significant defects. The Court of Appeal held that damages for negligent survey should be measured by diminution in value, not cost of repairs, and that damages for distress are limited to physical...
September 1, 2025
Mrs Smith purchased a house relying on a mortgage valuation report prepared for the building society, which negligently failed to identify serious structural defects. The surveyors sought to rely on a disclaimer of liability. The House of Lords held that surveyors owe a duty of care to purchasers who they...
August 28, 2025
Lloyd's Names sued their managing agents for losses suffered from negligent underwriting. The House of Lords held that managing agents owed a duty of care in tort to both direct and indirect Names, based on the Hedley Byrne principle of assumption of responsibility. Concurrent liability in contract and tort was...
August 28, 2025
A couple purchased a motor repair business relying on their solicitors' negligent advice that a right of way existed. When the access was blocked, their business failed. The court assessed damages on a 'no-transaction' basis, awarding expenditure less recoveries, but disallowed damages for mental distress in commercial contracts. Facts Mr...
August 28, 2025
Mr Farley employed a surveyor to investigate aircraft noise affecting a property before purchase. The surveyor negligently failed to discover the property was near an aircraft stacking area. Despite no diminution in property value, Mr Farley recovered £10,000 damages for the discomfort and loss of enjoyment caused by the noise....
May 21, 2026
National Case Law Archive
May 21, 2026
National Case Law Archive
May 21, 2026
National Case Law Archive