The following Dispute Resolution guidance 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.
Should you need to access the protocol as it was in force prior to 6 April 2015, please click here
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
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234