The following Dispute Resolution practice note Produced in partnership with Steven O'Sullivan provides comprehensive and up to date legal information covering:
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.
This Practice Note summarises the general role of the Pre-action Protocol for Professional Negligence (the 'Protocol’) in bringing/defending claims for negligence or other breach of duty/contract against a professional.
Its scope is set out in para 1.
Note: it specifically excludes from its ambit the following claims:
medical negligence claims in respect of which the Pre-Action Protocol for the Resolution of Clinical Disputes applies
construction and engineering negligence disputes which are covered by the Pre-Action Protocol for the Construction and Engineering Disputes
There is no definition of ‘professional’ in the Protocol. In essence, it is someone who professes a special skill and, as a result, is duty bound to practice that skill in a proper manner. See Practice Note: Who can bring a professional negligence claim and against whom?
Where the claim is against a person who has allegedly made a mistake causing non-injury related loss in his or her working life, it would be sensible to utilise the Protocol regardless of whether that person should comfortably be described as a ‘professional’. This is envisaged by para 1.2 of
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