Most of us turn to professionals precisely because we cannot do the job ourselves. We trust a solicitor to handle a house purchase, an adviser to guide our savings, or an accountant to get our figures right. So when that trusted advice turns out to be wrong, and it leaves you out of pocket, it can feel like a double blow. The good news is that you may have a way to put things right.
What is professional negligence?
Professional negligence happens when a professional fails to do their job to the standard expected of a reasonably competent member of their profession, and you suffer a financial loss as a result. It can apply to solicitors, conveyancers, barristers, financial advisers, accountants, surveyors and other experts.
What kind of bad advice or service can lead to a claim?
Common examples include a missed legal deadline, a conveyancing error that affects your property, negligent investment or tax advice, or being wrongly told that a claim carried no risk. A recent and very public example shows how damaging this can be: thousands of people who were persuaded to bring cavity wall insulation claims on a “no win, no fee” basis were later pursued for legal costs of between £10,000 and £50,000 after the firm handling their cases collapsed in 2024 and the expected insurance failed to cover them. Situations like that can be the basis of a professional negligence claim.
What do I need to prove?
A professional negligence claim generally rests on four things:
- Duty: the professional owed you a duty of care
- Breach: they fell below the standard expected of their profession
- Causation: that failure caused your loss
- Loss: you suffered actual financial harm as a result
How long do I have to bring a claim?
In most cases you have six years, running from the date of the breach of contract or from the date you suffered the loss (Limitation Act 1980, sections 2 and 5). Where the problem only came to light later, you may have an extra three years from the point you knew, or reasonably should have known, that you had a claim (section 14A), subject to a long-stop of fifteen years from the negligent act (section 14B). Time limits can be complex, so it is always worth checking your position early.
Should I go to an ombudsman or to court?
It depends on your situation. A complaint to the Legal Ombudsman or the Financial Ombudsman Service is free, less formal and can be quicker, but the amount they can award is limited. Court proceedings can recover the full extent of your losses, including interest and, in many cases, your legal costs, and are usually the better route for larger or more complex claims. WE Solicitors will advise you honestly on which path fits your case.
As professional negligence solicitors based in Greater Manchester, WE Solicitors helps people across Manchester, Oldham and the wider North of England recover losses caused by poor professional advice, including those left facing unexpected legal bills after being assured they had nothing to lose.
Frequently asked questions
What can I actually recover?
Typically the financial losses you suffered, any additional costs you had to spend putting things right, and interest. The aim is to place you in the position you would have been in had the negligence never happened.
Do I need to complain to the professional first?
It often helps, but it is not always required. A short, free conversation with us will clarify the best first step.
If a professional’s mistake has cost you, we are happy to look at it with you, with no pressure. Call WE Solicitors free on 0800 294 3065 or use our online contact form, or read more about professional negligence claims on our site.
Sources: Limitation Act 1980 · Solicitors Regulation Authority, guidance and updates on former clients of collapsed claims firms (2024 to 2025) · Legal Ombudsman · Financial Ombudsman Service.
