This Practice Note considers the different legal bases for bringing a professional negligence claim, ie founding the existence of the professional’s duty to the claimant. Sometimes the question of whether a duty exists is bound up with questions as to the specific loss being sought to be recovered and thus the scope of the duty and related issues, for guidance on which see: Professional negligence claim—scope of duty, causation and remoteness—checklist and related content.

For guidance on how to commence a professional negligence claim, see Practice Notes:

1. •

   Starting a professional negligence claim—a practical guide

2. •

   Pleading professional negligence claims—worked hypothetical examples and related precedents

For guidance on the standard of care in professional negligence claims, see Practice Notes:

1. •

   Standard of care in professional negligence claims

2. •

   Standard of care—solicitors and barristers

Guidance on parties to professional negligence claims and the role of the Pre-Action Protocol for Professional Negligence claims includes Practice Note: Professional negligence claims—the pre-action protocol.

For a summary of illustrative decisions in negligence