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

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 defendant
  • Professional negligence pre-action conduct—scope of this Practice Note
  • Has the claimant followed the Protocol?
  • Professional negligence pre-action conduct—preliminary notice
  • Initial investigation of the claim
  • Professional negligence pre-action conduct—analysis of the Letter of claim—important issues
  • 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?
  • Professional negligence pre-action conduct—disclosure requested by the claimant
  • 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 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 Practice Note: Pre-action protocol for professional negligence claims—issues for the claimant and Professional negligence claims—checklist for claimant.

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 in respect of the Protocol, see Practice Note: Pre-action protocol for professional negligence claims.

Has the

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