Professional Negligence And English Law

What is professional negligence?

Professional negligence exists when a professional (for example: surveyors, accountants, lawyers, valuers, professional trustees) within his specific area fails to meet the required standard of responsibility (i.e. has been negligent) and, as a result of his actions, has caused another party to suffer loss enabling a claim to be brought against him. Such actions include: breach of duty of care in tort; breach of a contractual term; breach of a fiduciary duty; or breach of a statutory duty. Damages for such claims seek either to put the claimant in the position he would have been in if the contract had been properly performed (contractual negligence claims) or to put the claimant in the position he was in prior to the tort taking place (negligence claims in tort). Generally, only under contractual negligence claims can the claimant seek to recover future economic loss.