Should I complain to their professional body first?

Yes. For regulated professionals (solicitors, surveyors, accountants), you should use their complaints process and may need to involve the ombudsman or regulator before court. This is part of the pre-action protocol.

What is the time limit for professional negligence claims?

Generally 6 years from when the negligence occurred, or 3 years from when you discovered (or should have discovered) the problem, with an overall 15-year limit. Some claims have shorter limits.

Can I claim against their insurance?

Most professionals are required to have indemnity insurance. Your claim is against the professional, but their insurance typically pays out. This makes professional negligence claims more likely to be paid than claims against individuals.

What if the loss is more than £10,000?

You can choose to limit your claim to £10,000 to stay in small claims, forfeiting the excess. Alternatively, claim the full amount - it will be allocated to fast track or multi-track where costs are recoverable but the process is more complex.

New Guide

How to Claim for Professional Negligence

Guide to claiming against solicitors, accountants, surveyors, and other professionals who provided negligent advice or services.

10 min read

Updated 2 February 2026

Step-by-Step Guide

Identify the negligence

15 mins

Pinpoint exactly what the professional did wrong or failed to do, and how it caused you loss.

Tip: Compare what they did against what a competent professional in their field would have done.

Gather evidence

20 mins

Collect the engagement letter, their advice/report, and evidence of the loss you suffered.

Complain to the professional

15 mins

Make a formal complaint through their complaints procedure. This is required before court for regulated professionals.

Escalate to regulator

20 mins

If unresolved, complain to their professional body (SRA for solicitors, RICS for surveyors, etc.).

Send letter before claim

10 mins

Follow the Professional Negligence Pre-Action Protocol. Give them time to investigate and respond.

File your claim

20 mins

If unresolved, file your claim. For complex cases, consider whether small claims is appropriate.

Need help with this process?

CourtPilot can generate these documents for you automatically.

Get Started

Understanding Professional Negligence

Professionals owe a duty of care to their clients. If they fail to meet the standard expected of a competent professional in their field, and this causes you loss, you can claim compensation.

Common scenarios: - Paid for solicitor/accountant/surveyor advice - poor quality or wrong - Professional negligence causing financial loss - Incomplete professional services - Overcharging for professional services

You must prove: 1. They owed you a duty of care 2. They breached that duty (fell below expected standard) 3. The breach caused your loss 4. The loss was foreseeable

Evidence You Need

Essential evidence: - Engagement letter or terms of service - The professional's report or advice - Evidence of losses you suffered - Fee agreements and invoices

Helpful evidence: - Expert opinion on the standard of work - Correspondence showing instructions given - Evidence of what correct advice would have been - Proof you relied on their advice

Tips: - Keep all original documents - Note timeline of events and advice given - Document how their error caused your loss

What You Can Claim

Typical claim value: £500 - £10,000

You can claim: - Refund of fees paid for negligent service - Financial losses caused by the negligence - Cost of putting things right - Consequential losses (if foreseeable)

Small claims limit: Professional negligence can be complex. Claims over £10,000 or involving complicated issues may be better in fast track with legal representation.

Types of Professional Claims

Solicitors: - Missed deadlines causing case to fail - Wrong advice leading to loss - Failure to protect your interests - Regulator: Solicitors Regulation Authority (SRA)

Surveyors: - Failed to identify property defects - Overvalued or undervalued property - Incomplete survey - Regulator: RICS

Accountants: - Errors in tax returns causing penalties - Wrong financial advice - Missed deadlines for filings - Regulator: ICAEW, ACCA, or others

Financial advisers: - Unsuitable investment advice - Failure to explain risks - Regulator: FCA

Frequently Asked Questions

You need to show they fell below the standard of a reasonably competent professional in their field. This often requires expert evidence - another professional reviewing their work and confirming it was substandard. For small claims, a letter from another professional may suffice.

Legal Disclaimer

This guide provides general information about UK small claims court procedures and is for educational purposes only. It does not constitute legal advice. CourtPilot is not a law firm and is not regulated by the Solicitors Regulation Authority. The law may have changed since this guide was last updated. For advice specific to your situation, please consult a qualified solicitor or seek help from Citizens Advice.

Related Guides

How to Write a Letter Before Claim (Letter Before Action)

8 min read

Small Claims Court Fees 2025

7 min read

How to Claim for Cancelled Services Not Refunded

7 min read

Industry-Specific Guidance

We have detailed guides tailored for specific industries facing these types of disputes.

Professional Negligence

For claims against surveyors, accountants, financial advisers, and other professionals.

Ready to start your case?

CourtPilot guides you through every step of the small claims process with AI-powered assistance.

Start Your Case Free Case Assessment

No credit card required

Get started in minutes