Professional negligence claims—pre-action protocol—defendant issues
Produced in partnership with Steven O'Sullivan
Professional negligence claims—pre-action protocol—defendant 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—defendant issues
  • Scope of this Practice Note
  • Has claimant followed the Protocol?
  • Preliminary notice (professional negligence PAP)
  • Initial investigation of the claim
  • Analysing the Letter of claim—important issues (professional negligence PAP)
  • A clear chronological summary—are there any gaps?
  • The allegations—what has the professional done wrong/failed to do?
  • How has the alleged error caused the loss claimed?
  • Disclosure requested by the claimant (professional negligence PAP)
  • More...

Professional negligence claims—pre-action protocol—defendant issues

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 defendants may face when seeking to defend claims for professional negligence while maintaining compliance with the Pre-Action Protocol for Professional Negligence claims (the ‘Protocol’). Also see: Professional negligence claims—defendant steps—checklist.

For guidance for claimants in this respect, see:

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

  2. Professional negligence claims—claimant steps—checklist

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

Has claimant followed the Protocol?

The Protocol is not optional, but that does not mean in practice that claimants and their solicitors will always use it. The level of compliance can range from completely ignoring the Protocol to rigid adherence utilising its headings. In the former instance, you may wish to consider whether you are happy to let the claimant present the claim as they are, or direct the claimant to compliance (as ignoring the Protocol may be

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