Professional negligence claims—pre-action protocol—claimant issues
Produced in partnership with Steven O'Sullivan
Professional negligence claims—pre-action protocol—claimant issues

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

  • Professional negligence claims—pre-action protocol—claimant issues
  • Scope of this Practice Note
  • Preliminary notice (professional negligence PAP)
  • Initial investigation of the claim
  • Timing of the letter of claim (professional negligence PAP)
  • Letter of claim—important issues (professional negligence PAP)
  • A clear chronological summary
  • The allegations—what did the professional do wrong/fail to do?
  • How did the alleged error cause the loss claimed?
  • Investigation by the professional (professional negligence PAP)
  • More...

This Practice Note considers the Pre-Action Protocol for Professional Negligence claims currently 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 other of the shorter trials scheme or the flexible trials scheme. For more information, see Practice Notes:

  1. Business and Property Courts—shorter trials scheme

  2. Business and Property Courts—flexible trials scheme

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:

  1. Practice Note: Professional negligence claims—pre-action protocol—defendant issues

  2. Professional negligence claims—defendant steps—checklist

For general guidance on the procedures required by the Protocol, see Practice Note: Professional negligence claims—the pre-action protocol.

Preliminary notice (professional negligence PAP)

Although it does not state as such in the Protocol, the purpose of this notice is to afford the professional the option to:

  1. begin investigations into the claim, if they were unaware of the position previously and/or

  2. take steps to set out the position and/or

  3. take steps to assist the claimant in mitigation

Thus, this notice can be a useful tool if it is thought that the professional may be amenable to making admissions and/or provide assistance in mitigation of the

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