A Guide to Professional Negligence

North Ford Solicitors • 22 December 2021

You’d be excused for not knowing exactly what professional negligence entails or why it’s important. This guide will explain it in simple terms, give examples in different contexts, explain the ways it can negatively impact you and what you can do if you think you need to make a claim.

What is Professional Negligence?

Professional negligence is a form of English tort law that refers to instances where a professional fails to perform their services adequately or breaches a reasonably-expected duty of care. The three conditions necessary for a successful professional negligence claim are:

● That a duty of care was established

● That the duty of care was breached

● That the breaching of this duty of care resulted in a loss.

For example, perhaps a doctor missed a diagnosis that they shouldn’t have missed and this resulted in time off work. Maybe a personal trainer failed to ask you about any previous injuries and, as a result, you further injured yourself following their instructions which now requires considerable amounts of money and time off work to recover. Or maybe a consultant advises you poorly or against their codes of practice and this results in significant negative business impacts like a reduced amount of clients or tax complications.

How Can Professional Negligence Impact You?

Because professional negligence is a bit of a catch-all phrase, spanning a lot of areas and instances, impacts can vary. On the one hand, there could be very tangible impacts such as a decreased income or the damage of the claimant’s property or assets. On the other hand, professional negligence may have refused the claimant a particular opportunity or resulted in reduced clients, for example.

Come what may, the accuser must be able to demonstrate that the defendant’s breach of duty resulted in a loss of some sort. Under contract law, the claimant has six years since the breach of a contract to make a claim.

What Can You Do About Professional Negligence?

One thing you can do to limit your risk when it comes to professional negligence is to do your research before you agree to any services. Checking reviews and testimonials is a good place to start, as is ensuring the person or company is covered by the appropriate insurance and that they have adequate qualifications and certification.

If the negligence has already taken place then you should seek professional legal assistance. Whilst you could try to sort the issue outside of the law, this could have long-term consequences and it would be more difficult in terms of future insurance claims, for example. Going to a reputable solicitors practice like North Ford Solicitors is your best bet.

Here at North Ford Solicitors, we don’t just deal with professional negligence. Our services range from family and employment law to civil litigation issues including landlord disputes, debt recovery, police complaints, and defamation. If you have any further questions about professional negligence, or if you’d like to discuss how else we can assist you, then don’t hesitate to get in touch with us today by calling 01708 745 609!

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Kings Bench Division Grants Injunctive Relief to Applicant in Libel Claim

by North Ford Solicitors • 15 April 2025

North Ford Solicitors successfully represented a Claimant in a High Court libel claim for damages of over £100,000. The case, heard in the Kings Bench Division, resulted in a significant victory for the Claimant, who was awarded a default judgment, injunctive relief, and costs. The Claimant was represented by Salmaan Islam and Alexander Braidwood of North Ford Solicitors, with Dr. Liam Wells from Fraser Chambers acting as Counsel. The background of the case involves defamatory statements made by the Defendant on a Facebook group, alleging that the Claimant had bugged her phone and tracked her location without consent. These allegations were vehemently denied by the Claimant, who maintained that the posts were untrue and had caused serious harm to the Claimant’s reputation. Despite being served with the Claim Form, the Defendant failed to acknowledge service or file a defence, prompting the Claimant to seek summary judgment. In the submissions, the Claimant argued that the Defendant had no real prospect of success in defending the claim and that the defamatory posts had caused significant reputational damage. The court was urged to grant summary judgment to further the overriding objective of the Civil Procedure Rules, which aims to deal with cases justly and efficiently. The court agreed, noting that the Defendant's non-engagement justified proceeding in the Defendant’s absence. The court's decision included granting an injunction requiring Meta to remove the defamatory posts from Facebook and restraining the Defendant from making further defamatory publications. Additionally, the court awarded the costs of the application hearing to the Claimant. The quantum of damages is to be assessed at a future hearing, ensuring that the Claimant receives appropriate compensation for the harm caused by the defamatory statements. This case underscores the importance of addressing defamatory statements swiftly and effectively, particularly in the digital age where such statements can spread rapidly and cause significant harm. North Ford Solicitors remains committed to protecting the reputations of our clients and ensuring that justice is served in cases of defamation. If you feel that you have been the victim of defamation of character, contact North Ford Solicitors for more information on how to proceed with your case.