Do I have a Claim?

 

Do I have a claim?

To bring a claim for compensation for professional negligence, you must show all of the following:

Duty of care

You will need to show that you have instructed a professional to carry out a particular task for you or to give you a particular piece of advice, and that they owed you a duty of care to perform the job to a reasonable standard and with reasonable care. The most typical situation in which this would arise is where you have a contractual relationship with the professional, you have paid for the service provided or the advice given and you have relied upon them to carry out the job to a reasonable standard.

Breach of duty

The second question is whether the professional’s conduct fell below the standard that is reasonably required. This is the standard expected of a reasonably competent professional of the same profession.

Causation

The third stage is to show that the breach of duty has directly caused the loss or damage you say you have suffered. So if you would have acted in the same way or suffered the same loss or damage in any event, without the professional’s involvement, there can be no causation and therefore no claim.

Damage

Finally, an action in professional negligence cannot be brought unless there is actual damage or loss suffered as a result of the alleged negligence. Types of loss that you might incur as a result of professional negligence include damage to property and financial loss.

Is there a time limit for bringing a claim?

There is a six-year time limit for bringing a claim for professional negligence. After this time it still may be possible to bring a claim if the date when you first became aware of the circumstances that gave rise to a claim was a date within the last three years.