Guide for claimants and defendants to the Pre-action protocol for professional negligence claims
Produced in partnership with Steven O'Sullivan
Guide for claimants and defendants to the Pre-action protocol for professional negligence claims

The following Dispute Resolution guidance note Produced in partnership with Steven O'Sullivan provides comprehensive and up to date legal information covering:

  • Guide for claimants and defendants to the Pre-action protocol for professional negligence claims
  • Professional negligence pre-action conduct—scope of this Practice Note
  • Professional negligence pre-action conduct—starting a claim—the Preliminary Notice
  • Professional negligence pre-action conduct—letter of claim
  • Professional negligence pre-action conduct—acknowledgement and investigation
  • Professional negligence pre-action conduct—the professional’s response
  • Professional negligence pre-action conduct—effect of admission and/or letter of settlement
  • Professional negligence pre-action conduct—exchange of information
  • Professional negligence pre-action conduct—experts
  • Professional negligence pre-action conduct—ADR
  • more

The Pre-action Protocol for Professional Negligence claims was amended with effect from 6 April 2015 (with a further amendment effective 30 April 2018 in relation to adjudication). This Practice Note sets out the position according to the protocol now in force.

Should you need to access the protocol as it was in force prior to 6 April 2015, please click here

Note: claims started on or after 1 October 2015 in the Business and Property Courts may be suitable for and/or be subject to one or both of the schemes operating under CPR PD 57AB, namely the shorter trials scheme and/or the flexible trials scheme. For more information on these schemes, see Practice Notes: Business and Property Courts—shorter trials scheme for claims issued on or after 1 October 2015 and Business and Property Courts—flexible trials scheme for claims issued on or after 1 October 2015.

Professional negligence pre-action conduct—scope of this Practice Note

This Practice Note sets out a guide, for claimants and defendants alike, as to the key stages to adhere to when following the Pre-action Protocol for Professional Negligence claims (‘the Protocol’).

For our guidance on specific issues relating to claimants in professional negligence claims, see the Practice Note: Pre-action protocol for professional negligence claims—issues for the claimant.

For our guidance on specific issues for professionals defending a professional negligence claim, see