Jurisdiction(s):
United Kingdom

Defending professional negligence claims: Pre-Action Protocol duties, timelines, responses, causation and Part 36 settlement—defendant checklist (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 on the Protocol, refer to Practice Note: Professional negligence claims—the pre-action protocol. Read this Checklist alongside Practice Note: Professional negligence claims—pre-action protocol—defendant issues. For assistance with starting a professional negligence claim, with a worked hypothetical set of pleadings and a template precedent particulars of claim, which may help a defendant anticipate what they might face, see:

Practice Note: Starting a professional negligence claim—a practical guide
Practice Note: Pleading professional negligence claims—worked hypothetical examples
Precedent: Particulars of claim—professional negligence claim

Professional receiving preliminary notice (professional negligence PAP)

You must acknowledge receipt of the preliminary notice within 21 days. When doing so, consider:

whether any clarification is needed (rare, as the letter need only give notice)?
whether early admissions and/or assistance to the claimant on mitigation would be suitable to limit costs and/or narrow the claim?...

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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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