What is the professional negligence pre-action protocol?

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Complying with the professional negligence pre-action protocol is not compulsory, but anyone who fails to do so will probably end up being penalised by the court, so we always ensure that the protocol is followed.

Under the pre-action protocol, a claimant is required to give the negligent professional full details of the claim being made; including the allegations of the negligent mistake and the loss suffered as a result of that error. This information is contained in the professional negligence Letter of Claim.

The Letter of Claim must be acknowledged by the professional (or their solicitor) within 21 days. They then have a further period in which to investigate the claim against them and submit a formal Letter of Response.

Once this exchange of information has taken place the position should be a lot clearer. The professional may feel compelled to admit liability. Alternatively negotiations may follow on a “without prejudice” basis leading to an out of court settlement of the claim.

The courts are also keen to encourage people to resolve claims against professionals through Alternative Dispute Resolution (ADR), including mediation, and this is an option that we consider in all cases.

For more information about the professional negligence pre-action protocol contact us by email or call us on 0808 139 1595

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This website www.proneg.co.uk has been in operation for more than 20 years, making it one of the longest established professional negligence resources available on the internet.

It is run by Slee Blackwell Solicitors LLP, an award winning firm of solicitors specialising in professional negligence law. We have been awarded Lexcel accreditation by The Law Society for excellence in client care and the firm is included in the independent guide to the legal profession, The legal 500.

We represent claimants nationwide and are usually able to offer No Win, No Fee funding where the prospects of success are good and the value of the compensation claim exceeds the small claims court financial limit of £10,000.

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