professional negligence protocol
The commencement of Legal Proceedings should be regarded as a last resort. Before issuing a claim, the party seeking compensation is encouraged to follow a set of guidelines known as the Professional Negligence Pre-Action Protocol. Following the Protocol is not obligatory, but if a claimant fails to do so it is likely that the court will penalise them when proceedings are commenced.
Under the Protocol the claimant is required to give the other side full details of the case including allegations of negligence and loss suffered. The information is contained in the Letter of Claim.
The Letter of Claim must be acknowledged within 21 days of receipt, and from the date of the Letter of Acknowledgement the professional will have 3 months in which to investigate the claim and submit a Letter of Response. Once this process has been compiled we will be in a much better position to advise you on the way forward and the potential for a negotiated settlement.
