By Tony Reynolds and Paul Kozub -
Snapshot
- To succeed in a claim for professional negligence the claimant must prove three basic elements.
- Often the biggest hurdle to overcome in a professional negligence claim is whether the breach caused the loss.
- Considering causation from the beginning can mean fewer surprises later.
As solicitors, we owe a duty of care to all our clients. If we fail to exercise reasonable care and skill when providing advice or managing a matter, the client may be entitled to compensation because of this failure.
To succeed in a claim for professional negligence the claimant must prove three basic elements:
- the existence of contractual obligations and/or a duty of care;
- breach of that obligation; and
- that the breach was the cause of the loss to the claimant.
Establishing the existence of a contract and/or duty of care including a breach and loss is often uncomplicated. However, proof of breach and the existence of loss will not automatically bring success. Often, the ‘missing link’ in the chain of these events is causation.
