Jurisdiction(s):
United Kingdom

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 Pre-Action Protocol—Claimant Issues: strategy, preliminary notices, letters of claim, disclosure, causation, mitigation, timing and experts (England and Wales)

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Practice notes

This Practice Note reviews the current Pre-action Protocol for Professional Negligence claims, now in force. Note: proceedings commenced on or after 1 October 2015 in the Business and Property Courts may fall within, or be appropriate for, either the shorter trials scheme or the flexible trials scheme. See Practice Notes as set out below:

Business and Property Courts—shorter trials scheme
Business and Property Courts—flexible trials scheme

Scope of this Practice Note

This Practice Note explores certain issues a claimant may encounter when seeking to pursue professional negligence claims so as to comply with the Pre-Action Protocol for Professional Negligence claims (the ‘Protocol’). See also: Professional negligence claims—claimant steps—checklist. For guidance for defendants, see the following resources:

Practice Note: Professional negligence claims—pre-action protocol—defendant issues
Professional negligence claims—defendant steps—checklist

This Practice Note should be read together with Practice Note: Professional negligence claims—the pre-action protocol for general guidance on the Protocol, including the pre-action timetable therein. For guidance on commencing a professional negligence claim, by reference to a worked hypothetical set of Pleadings and a template precedent Particulars of claim, see the following Practice Notes:

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

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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 21/05/2026

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