Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Negligence definition

What does Negligence mean? In legal practice, negligence describes a failure to take reasonable care that results in foreseeable harm or loss. It is proved by establishing: (i) a duty of care, (ii) breach of that duty measured against the objective standard of a reasonable person, (iii) causation (factual “but for” cause and legal scope/remoteness), and (iv) recoverable damage. The concept is defined and developed by case law. A classic formulation is that negligence is omitting what a reasonable person would do, or doing what a prudent person would not (Blyth v Birmingham Waterworks (1856) 11 Ex Ch 781). The test is objective: the

Professional negligence: establishing duties in contract, tort and equity; exclusion and limitation clauses, Bannerman disclaimers, concurrent duties, assumption of responsibility, gratuitous services, unidentified parties, fiduciary conflicts, and collateral attack risks

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Practice notes

This Practice Note considers the different legal bases for bringing a professional negligence claim

This Practice Note examines the alternative legal foundations for pursuing a professional negligence claim, namely establishing that the professional owed the claimant a duty. At certain times, whether such a duty arises is intertwined with the nature of the loss claimed, which in turn defines the scope of the duty and related matters; for authoritative direction on these points, see: Professional negligence claim—scope of duty, causation and remoteness—checklist and related content.

For guidance on starting a professional negligence claim, consult the following Practice Notes set out below:

Starting a professional negligence claim—a practical guide
Pleading professional negligence claims—worked hypothetical examples and related precedents

For the required standard of care in professional negligence matters, refer to these key Practice Notes:

Standard of care in professional negligence claims
Standard of care—solicitors and barristers

Guidance concerning the appropriate parties to sue and the operation of the Pre-Action Protocol for Professional Negligence is provided in the Practice Note: Professional negligence claims—the pre-action protocol...

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Web page updated on 21/05/2026

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