Ireland—Professional negligence litigation: duties, breach, causation, quantum, mitigation, limitation, insurers, ADR, pleadings, evidence, cross-border issues and enforcement: a practitioner’s step-by-step guide

Published by a Lexis+ Ireland - Dispute Resolution expert

Practice notes

This Practice Note on professional negligence claims offers practical direction and pointers for pursuing such actions. It addresses the first steps, from pinpointing the relevant duty and any alleged breach, to the loss suffered and the relief sought, taking in causation, quantum and the duty to mitigate. It also looks at limitation periods, settlement, ADR and enforcement, the involvement of insurers, commencing proceedings, disclosure and evidence, and cross-border issues. In Ireland, the principal bases for professional liability are breach of contract, negligence and breach of fiduciary duty.

Scope of this Practice Note

This Practice Note sets out pragmatic guidance and tips for advancing a professional negligence claim. It spans immediate considerations: identifying the duty (contractual, tortious, fiduciary, or a mix), the purported breach, the loss and remedy pursued, causation, quantum and the obligation to mitigate; limitation; issuing and pleading the claim; evidential matters, including discovery and use of experts; and practical options such as alternative dispute resolution (ADR).

Remedies include:

orders for damages
specific performance
rescission
declarations
interim relief such as injunctions

This Practice Note...

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Ms Feena Robinson

DAC Beachcroft

Feena has experience defending a range of professionals in professional indemnity claims, acting predominantly for construction professionals but also solicitors and accountants. She also acts for insurers in subrogated claims. These professional indemnity claims have covered the areas of construction, probate, conveyancing and litigation practice, and tax advice. She has represented clients in large-scale, multi-party litigation in the High Court and the Commercial Court, has worked as acting head of fitness to practise in a statutory regulator (of a health profession) and as solicitor to the Commission to Inquire into Child Abuse, which published an important and wide-ranging report in 2005 into historical child abuse in Ireland. Featured expertise:Acting in the High Court in large multi-party claims relating to construction defects in a large apartment complex Acting in large Commercial Court litigation involving multiple developments and multiple...

Web page updated on 27/05/2026

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