Ireland—Starting a professional negligence claim—a practical guide
Produced in partnership with Rebecca Hanratty BL of The Bar of Ireland
Practice notesIreland—Starting a professional negligence claim—a practical guide
Produced in partnership with Rebecca Hanratty BL of The Bar of Ireland
Practice notes
This Practice Note on professional negligence claims provides practical guidance and tips for bringing a professional negligence claim. It covers immediate considerations from identifying the duty (contractual, tortious or both) and the alleged breach, the loss and remedy sought, including causation, quantum and duties to mitigate. It also considers limitation of actions, settlement ADR and enforcement, the role of insurers in a professional negligence claim, starting the claim, disclosure and evidence and cross-border considerations.
The main grounds for a claim concerning professional liability in Ireland are breach of contract, negligence and breach of fiduciary duty.
Scope of this Practice Note
This Practice Note provides practical guidance and tips when bringing a professional negligence claim. It covers immediate considerations from identifying the duty (contractual, tortious or both) and the alleged breach, the loss and remedy sought, including causation, quantum and duties to mitigate, professional negligence claims, limitation, issuing and pleading the claim, evidential issues including disclosure and use of experts, as well as practical matters such as alternative dispute resolution
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