Jurisdiction(s):
United Kingdom

Professional negligence: claimant pre-action checklist and steps under the Pre-Action Protocol (England and Wales)

Published by a LexisNexis Dispute Resolution expert

Checklists

This checklist outlines the current position under the Pre-Action Protocol for Professional Negligence claims (the ‘Protocol’). For general guidance, see Practice Note: Professional negligence claims—the pre-action protocol. Read alongside Practice Note: Professional negligence claims—pre-action protocol—claimant issues. For further detail on pursuing a professional negligence claim (including a worked hypothetical set of pleadings), see:

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

Together with the template Precedent: Particulars of claim—professional negligence claim.

Client’s initial instructions of potential professional negligence claim

Limitation

See Practice Note: Limitation—professional negligence claims. Is a limitation issue pending? If so:

consider issuing protective proceedings
negotiate a standstill agreement

See Practice Note: Professional negligence claims—the pre-action protocol—Limitation and the professional negligence PAP.

Initial investigations

background
basis of claim (in contract, tort, etc)
any obvious difficulties with causation
preliminary view on quantum
need to retain expert evidence now?...

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Steven O'Sullivan

Steven is a robust insurance litigator who advises principally on professional liability, with particular expertise in solicitors' liability, as well as some general insurance litigation/arbitration and property damage work. His work includes: ' policy advice ' lender claims ' equity and breach of trust claims ' breach of undertaking or warranty of authority ' negligence Prior to 2002 when he began working in this area of the law, Steven acted for insurers defending personal injury claims and therefore retains residual knowledge and interest in this area in terms of loss of opportunity or undersettlement claims against solicitors. Steven spent 6 ½ years at a major insurer handling professional indemnity claims against solicitors, accountants and other professionals. He therefore has keen commercial awareness and strong insight into what insurer clients are looking for when handling litigation against their insureds. Steven is the author of numerous articles, notably in the New Law Journal, with particular focus on...

Web page updated on 20/05/2026

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