Professional Negligence — No Win No Fee
Professional negligence claims arise when a professional — such as a solicitor, accountant, surveyor, or financial adviser — fails to meet the standard of competence expected of them, causing financial loss. Some claims can be pursued on a no win no fee basis.
What Are the Most Common Types of Professional Negligence?
Direct Answer: Common professional negligence claims involve solicitors (missed deadlines, poor advice), surveyors (missed property defects), accountants (tax errors), and financial advisers (unsuitable investments). Claims require proving duty, breach, and loss. Some can be brought on a no win no fee CFA.
- Solicitor negligence — missed deadlines, poor advice, failure to protect client interests in transactions
- Surveyor negligence — failure to identify structural defects, damp, or subsidence in property surveys
- Accountant negligence — incorrect tax advice, audit failures, negligent financial reporting
- Architect negligence — design defects, failure to comply with building regulations
- Financial adviser negligence — unsuitable investment advice, pension transfer mis-selling
- Insurance broker negligence — failure to arrange adequate cover
No QOCS Protection
Unlike personal injury claims, professional negligence claims are not covered by Qualified One-Way Costs Shifting (QOCS). This means that if you lose your claim, you may be ordered to pay the defendant's legal costs. After-the-Event (ATE) insurance is therefore particularly important in professional negligence cases to protect against this risk.
The Pre-Action Protocol
The Professional Negligence Pre-Action Protocol requires a preliminary notice, a detailed letter of claim, and a response from the defendant (typically within 3 months). The protocol encourages early exchange of information, joint expert reports where possible, and consideration of ADR (alternative dispute resolution) including mediation.
Frequently Asked Questions
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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.
Sources for this page
Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.
- Courts and Legal Services Act 1990, s.58 (conditional fee agreements)
The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.
- Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013
Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.
- Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)
Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.
Who wrote and checked this page
- Written and published by
- Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
- Legal review
- Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
- Review dates
- Last reviewed 2 August 2026. Next review due 2 February 2027.
Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.