If a professional or expert has failed to provide clients, customers or the public with an adequate standard of service, they fall foul of being accused of professional negligence. The individual accused is believed to possess skills and expertise in their chosen field with a level of faith in their knowledge and ability. A failure to carry out agreed responsibilities or breaching a level of care can cause grievances for clients in the form of injury, damages or financial losses. As with any legal issue, the presence of evidence is required to support the claim. Even diligent professionals can be subject to claim even when they believe they have delivered an acceptable standard of care.

The costs of professional negligence claims, at times, are not in positive correlation and in certain cases, the costs recovered can exceed the actual amount of damages inflicted. This is all dependent on the foundation of the case and the legal proceedings that have prefaced the settlement.

The actions of Claimant and Defendant throughout the litigation will be considered by the Court and will directly affect the amount of costs that accumulate and ultimately, be available for recovery. It is heavily advised that Professional Negligence claims are settled in Pre-Action Protocols, but the costs collected during these proceedings aren’t always viable for recovery. This is a result of the costs not being deemed a consequence of proceedings as stated in the Senior Courts Act 1981.

An all encompassing offer is stereotypically advised, so that an amount of costs can be agreed upon or on the basis that an itemisation of costs has been decided upon prior to damages, which would then enable the rightful amount of costs to be recovered.