Claims Against Negligent
Emerging Professionals

This is by far the broadest category of professionals and includes such fields as agronomy, environmental consultancy, estate agency, letting agency, health and safety consultancy, managing agency, software development, network engineering, translation, recruitment, business intelligence analysis, chiropterology, project management and sound engineering, to name but a few.

Many of the professions within this category are either unregulated or self-regulated, so that while certain bodies exist to provide accreditation and qualifications, there is rarely a universal code of conduct, regulatory framework or other guidelines to govern the appointment or work of such professionals.

Furthermore, while all emerging professionals should carry professional indemnity insurance to protect themselves and their clients against any financial loss they may cause, not all do. In other cases, such cover can be limited in scope and amount, which can be a commercial consideration for claimants seeking to recover significant damages and legal costs.

Common mistakes

Unlike traditional professionals, and in large part due to their diversity, it is impossible to produce a list of common mistakes for this category of professionals. Indeed, in the case of many emerging professions, the law is still developing and there are few reliable records of either the types of mistakes made or their regularity.

However, it may be noted that even where a mistake is made by an emerging professional instructed by someone else, if financial loss is suffered as a consequence, a claim for compensation can still be made in appropriate circumstances. This is explained in more detail in our article: Third party claims for professional negligence

Even if the firm or practice at fault is no longer trading or has been dissolved, it may still be possible to make a claim and recover compensation. The support available to claimants in these circumstances is explained in our article: Claims against closed professional firms and practices

How to claim against an emerging professional

Most claims are commenced by correspondence and by following the procedures set out in the Professional Negligence Pre-Action Protocol. While in some cases it may also be necessary to institute court proceedings, a considerable number of claims are resolved without the need to do so.

Where the negligent professional is employed by a company or partnership, any claim will usually be directed towards the employer. However, in certain circumstances, it may also be possible to pursue a claim against an employee personally. This is discussed in more detail in our article: Personal liability of employees: An emerging issue 

Answers to many of the practical questions we frequently get asked about making a claim against an emerging professional are set out in our guide: Professional negligence claims: Your key questions answered

Assessing the merits of a claim

Before embarking on any claim against an emerging professional, a careful assessment will need to be undertaken of a number of important issues, including:

  • The scope of the legal duties owed by the emerging professional
  • Any actions taken by the emerging professional to comply with those duties
  • The nature and extent of the loss caused by any breaches of those duties

This can be a complicated process and the merits of each claim will often depend on the background events that give rise to it.

Time limits for claims against emerging professionals

There are a number of important reasons for acting promptly when a mistake has been made or discovered. One of these are the time limits that apply to all professional negligence claims. These time limits, some of which are easy to miscalculate, are explained in our guide: Time limits for professional negligence claims – FAQs

Specialist legal advice

As professional negligence specialists, we act for clients nationwide to resolve claims against a wide range of professionals, including emerging professionals. As you can discover here, the service and advice we provide to our clients is unique in a number of important respects.

If you would like to arrange an initial consultation with us, free of charge or commitment, please do not hesitate to contact us on 0800 195 4983 or by email at mail@pnclegal.com.

We have experience of resolving claims against a wide range of professionals.

Using the links below you can learn more about specific professions and some of the common mistakes that give rise to negligence claims against them.