Professional negligence is when a solicitor, conveyancer, surveyor, accountant or other professional falls below the standard reasonably expected of them and their client loses money as a result. Complaints about legal services are rising sharply, with residential conveyancing the biggest single problem area nationally. If bad professional advice has cost you money in Manchester or anywhere in England and Wales, you may be able to claim that loss back, usually within six years.
Most professionals do their job well. But when they do not, the consequences fall on the client: a house purchase that turns out to carry a defect the conveyancer should have found, a will that fails to do what was asked, a claim that was never issued in time, an investment scheme that was never suitable. This guide explains, in plain English, when bad service becomes negligence, what you can recover, and how long you have.
What counts as professional negligence?
Three things have to be shown. First, the professional owed you a duty of care, which they almost always do once they act for you. Second, they breached that duty: their work fell below the standard of a reasonably competent member of their profession. Third, the breach caused you a financial loss. Bad manners, slowness or a disappointing outcome are not enough on their own; the question is always whether a competent professional would have done differently, and whether that difference would have left you better off. Read more about what makes a professional negligence claim.
How common are problems with legal services?
More common than most people expect, and rising. The Legal Ombudsman, the official body for complaints about lawyers in England and Wales, received 14,259 new complaints in 2025/26, up 37 per cent on the year before. Residential conveyancing was the biggest category by far, with 3,039 accepted complaints, 36 per cent of the total and up 41 per cent year on year. Complaints about will drafting rose 47 per cent, and complaints about powers of attorney rose 63 per cent.
What people complain about: Legal Ombudsman accepted complaints, 2025/26
| Area of law | Share of accepted complaints | Trend |
|---|---|---|
| Residential conveyancing | 36% (3,039 complaints) | Up 41% year on year |
| Wills and probate | 14% (1,147 complaints) | Will drafting complaints up 47% |
| Powers of attorney | Within wills and probate | Up 63%, the sharpest rise |
| All areas | 8,412 accepted complaints | New complaints up 37% to 14,259 |
Swipe sideways to see the whole table
A complaint to the Legal Ombudsman is not the same as a negligence claim, and the two routes can run separately: the Ombudsman deals with poor service and can award modest compensation, while a negligence claim recovers your actual financial loss through the civil courts. We advise on which route fits your situation, and the numbers above matter because they show how often professional work goes wrong in exactly the areas where ordinary people have the most at stake.
What kinds of professionals can be claimed against?
- Solicitors and barristers, including missed time limits and mishandled litigation; see litigation negligence
- Conveyancers and property lawyers, including missed defects, covenants and boundary issues; see conveyancing negligence
- Will writers and probate practitioners, where a will fails to do what was instructed
- Surveyors and valuers, where a survey missed serious defects or overvalued a property
- Financial advisers, including advice to enter unsuitable schemes; see unregulated collective investment schemes
- Accountants and tax advisers, where negligent advice created avoidable liabilities
What can you recover?
The aim of a professional negligence claim is to put you back in the position you would have been in had the professional done their job properly. That usually means the financial loss flowing from the mistake: the difference in value of a property, the cost of fixing a defect that should have been found, the value of a claim that was allowed to lapse, or losses from an unsuitable investment. Interest and, in appropriate cases, some consequential losses can be added. Every claim is assessed on its own evidence.
How long do you have to claim?
The general rule is six years from the date the negligence caused you loss, under the Limitation Act 1980. Professional mistakes are often hidden, though: a defect in a title or a will may only surface years later. Where that happens, the law allows three years from the date you first knew, or reasonably could have known, the essential facts, up to a longstop of fifteen years. These rules are technical, and the safest course is to take advice as soon as you suspect something is wrong rather than assuming you are in time.
What does the claims process look like?
Professional negligence claims in England and Wales follow a pre-action protocol designed to resolve disputes without court proceedings. In outline: we investigate and obtain your file, send a letter of claim setting out what went wrong and what it cost you, the professional’s insurers respond, and most claims then settle by negotiation. Court proceedings are a last resort, and the large majority of cases never need a trial.
“People sit on these claims because they feel awkward about accusing a professional, especially one they liked. My advice is always the same: it is not personal, it is what their insurance exists for.”
Frequently asked questions
Is a disappointing outcome the same as negligence?
No. Professionals can do everything right and still lose a case or see a deal fall through. Negligence means the work fell below the standard of a reasonably competent member of the profession and that failure caused you loss.
Do I complain to the Legal Ombudsman or bring a claim?
They are different routes. The Ombudsman deals with poor service and awards modest sums; a negligence claim recovers your actual financial loss. We advise which fits your case, and sometimes both are appropriate.
How long do I have to bring a professional negligence claim?
Generally six years from when the negligence caused you loss. If the problem was hidden, you may have three years from when you discovered it, subject to a fifteen-year longstop. Take advice early rather than relying on these limits.
What if the solicitor or adviser has closed down?
Professionals are required to carry indemnity insurance, and claims are usually met by insurers. A firm having closed does not normally prevent a claim.
Will I need to go to court?
Almost certainly not. The pre-action protocol is designed to settle claims by negotiation, and the large majority resolve without a trial.
What will it cost me?
We act on a no win, no fee basis in appropriate cases. There is nothing to pay upfront and nothing to pay if the claim does not succeed. Any deduction is explained in writing before you commit.
Can I claim against a professional I am still using?
Yes, though in most cases it is sensible to move your ongoing work first. We can help you manage that changeover.
Does the claim have to be about work done in Manchester?
No. We act for clients across England and Wales. What matters is what the professional did, not where their office was.
Speak to a specialist professional negligence solicitor
WE Solicitors has acted in professional negligence matters since 2001 and is a member of the Professional Negligence Lawyers Association. We act for individuals and businesses across Greater Manchester and the rest of England and Wales. You can read about how the claims process works and what our clients say.
WE Solicitors LLP is regulated by the Solicitors Regulation Authority, SRA number 445359. We are members of the Association of Personal Injury Lawyers and the Professional Negligence Lawyers Association.
Sources
The figures and legal references on this page come from the following authorities, checked at the time of publication.
- Legal Ombudsman, 2025/26 annual complaints data and insight. https://www.legalombudsman.org.uk/information-centre/data-centre/complaints-data/legal-ombudsman-202526-annual-complaints-data-and-insight/
- Legal Ombudsman, 2024/25 annual complaints data and insight (comparator year). https://www.legalombudsman.org.uk/information-centre/data-centre/complaints-data/legal-ombudsman-202425-annual-complaints-data-and-insight/
- Ministry of Justice, Pre-Action Protocol for Professional Negligence. https://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_neg
- Limitation Act 1980, section 2 (six-year limitation) and section 14A (latent damage). https://www.legislation.gov.uk/ukpga/1980/58/section/14A
