Commercial Professional Negligence Affecting a Business

A failure by any practitioners to do their job correctly can have significant consequences for the client’s finances, property and personal health.

If your business has experienced out of pocket expenses, a loss of property value, or a significant administrative burden (e.g. having to apply retrospectively for planning permission) due to mistakes or omissions made by a service provider in any highly regarded discipline, you may be entitled to make a professional negligence claim for compensation.

Our professional negligence solicitors in York, Sheffield and Leeds can help you to decide whether the financial loss to your business is as a direct result of poor practice by a professional, how you can prove this in court, and how likely you are to be awarded compensation if you pursue your claim.

Call our expert lawyers today on 0333 323 5292 to discuss whether you have grounds to make a professional negligence compensation claim, or fill in the enquiry form on this page to send us the initial information we need to give you a prompt reply and a preliminary assessment of your case and entitlement to any compensation.

Professional Negligence Explained

When your company hires a professional to carry out a service on your behalf, they owe you a duty of care. In some disciplines the consequences of negligence can be significant, from loss of money to illness or injury. When something bad happens because a professional service provider did not do their job, you can potentially make a claim for professional negligence compensation.

Examples of this include:

  • Architects and other property-related disciplines.
  • Surveyors (including property valuations).
  • Financial advisors, accountants and insurance brokers.
  • IT professionals.
  • Lawyers, solicitors and other legal professionals.

Your business may suffer direct out of pocket expenses that are easy to quantify – for example due to having to pay somebody to fix an architect’s mistake or replace the incorrect materials used. In other cases you may experience a loss of value, e.g. due to property subsidence, damp or rot, or an inaccurate valuation.

However, if you can demonstrate that the professional owed you a duty of care, failed to discharge that duty properly, and you suffered as a result, then in principle it is likely that you will be able to make a claim of professional negligence.

Contact Us Today

We welcome all enquiries relating to professional negligence claims against licensed and regulated practitioners, service providers who hold professional indemnity insurance, or anyone else you may feel has failed in their duty of care towards you when carrying out a service on your behalf.

Lupton Fawcett are a leading personal and commercial law firm in Yorkshire with well-established offices of highly experienced solicitors in Leeds, Sheffield and York.

We have spent over one hundred years using our legal skills to help you through difficult, complicated or emotional times.  Within every area of law, we put your interests first.

We provide a personalised service, with sector specialists and extensive resources to ensure we are giving you the best solutions to your problems.

Lupton Fawcett have long been recognised for our expertise in Professional Negligence Claims for Businesses.

Our Business Dispute Solicitors act regularly for clients across the United Kingdom including Bradford, Birmingham, Hull, Liverpool, London, Manchester and Nottingham.

We can support your needs wherever you live in England, Wales & Northern Ireland.

Call today or complete the enquiry form and we will get back in touch with you quickly.  We will always respond promptly, and we will be happy to help.


Frequently Asked Questions

Will I receive compensation and how much will I get?

Some cases are more clear-cut than others but we will always help you to understand how likely you are to receive compensation if you decide to pursue a claim for professional negligence.

Where the claim is for specific out of pocket expenses, this can make it easier to predict how much compensation might be awarded. Where the claim is for a loss of value, e.g. due to property damage or an inaccurate valuation, we can work to compile the necessary evidence to support your claim.

Medical negligence claims can be a little different as you may be claiming compensation for lasting injury rather than direct financial costs, but in many cases, it is possible to predict the payout based on past case history and the standard compensation normally paid for each type of injury.


How do I prove a duty of care?

If you hired the professional yourself, then often they have an automatic duty of care to you as their client. Sometimes the individual is hired by a third party – for example, when a mortgage lender appoints a surveyor to carry out a valuation. However even in these cases, they are clearly representing your interests as the owner or buyer, and this can usually allow your claim to proceed in court.

How do I prove professional negligence?

There are several ways to prove professional negligence. In some cases it can be very straightforward, especially if you have incurred direct out of pocket expenses to put right the errors made. Sometimes you may need a second opinion from a highly regarded individual in the same profession or discipline, who can confirm that in their opinion, a duty of care was owed to you that was not delivered in full.

How does an individual professional pay substantial compensation?

It should not matter if a professional is trading as an individual or working for a large organisation – if their negligence has left you facing expenses, they may be liable to pay you back for those costs incurred. In many cases professionals hold professional indemnity insurance for the purpose of covering compensation claims, which can allow them to cover much larger compensation awards than you might expect an individual to be able to pay.

Who can I make a professional negligence claim against?

The common disciplines you can make a professional negligence claim against are listed above but this is not an exhaustive list, and anyone in a professional service who fails in their duty of care to you could reasonably be asked to pay compensation. If you’re not sure please get in touch and we will help you to decide if you have a strong case.

Get In Touch Today!

Get In Touch Today!

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