Pre-action protocol for professional negligence claims—issues for the claimant
Produced in partnership with Steven O'Sullivan
Pre-action protocol for professional negligence claims—issues for the claimant

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

  • Pre-action protocol for professional negligence claims—issues for the claimant
  • Professional negligence pre-action conduct—scope of this Practice Note
  • Professional negligence pre-action conduct—preliminary notice
  • Initial investigation of the claim
  • Professional negligence pre-action conduct—timing of the letter of claim
  • Professional negligence pre-action conduct—letter of claim—important issues
  • A clear chronological summary
  • The allegations—what did the professional do wrong/fail to do?
  • How did the alleged error cause the loss claimed?
  • Professional negligence pre-action conduct—investigation by the professional
  • 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: Business 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 considers some of the issues that claimants may face when seeking to pursue claims for professional negligence in compliance with the Pre-action Protocol for Professional Negligence claims (the ‘Protocol’). See also: Professional negligence claims—claimant steps—checklist.

For guidance for defendants, see Practice Note: Pre-action protocol for professional negligence claims—issues for the defendant and Professional negligence claims—checklist for defendant.

For general guidance on the procedures required by the Protocol, see Practice Note: Guide for claimants and defendants to the pre-action protocol for professional negligence claims and for the general scope, aim and compliance issues of the Protocol, see Practice Note: Pre-action protocol for professional negligence claims.

Professional negligence pre-action conduct—preliminary notice

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