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 practice 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
  • Provide a chronological summary
  • Requests for information
  • Identify the allegations against the professional (the duty and its breach)
  • Explain how the alleged error has caused the loss claimed (causation)
  • Provide an estimation of financial loss suffered and supporting calculations
  • Experts
  • 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.

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: BBusiness and Property Courts—shorter trials scheme and Business and Property Courts—flexible trials scheme.

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 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 guidance on specific issues for professionals defending a professional negligence claim, see the Practice Note: Pre-action protocol for professional negligence claims—issues for the defendant.

For general information on the scope, aims and compliance issues, see also Practice Note: Pre-action protocol for professional negligence claims.

Professional negligence pre-action conduct—starting a claim—the Preliminary Notice

The claimant is encouraged to send a letter

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