The Professional Negligence Protocol

Commencing legal proceedings should be seen as a last resort. Parties are increasingly being encouraged to resolve disputes out of court and to follow a set of guidelines known as the Professional Negligence Pre-action Protocol. Complying with the Protocol isn't compulsory, but failure to do so could result in judicial criticism and in all probability costs sanctions at a later stage.

Under the protocol the claimant has to give the other side full details of their case including the allegations of negligence and the loss suffered. This information is provided in the form of a Letter of Claim.

The Defendant must acknowledge the Letter of Claim within 21 days and then complete its investigations in the following 3 months. A formal Letter of Response then has to be submitted in which the Defendant will either concede liability or provide details of any defence they intend to rely on.

Once this process has been completed we will be in the position to advise you on the best way forward and the likelihood of achieving an out of court settlement.

Click here for the government rules on professional negligence protocol.