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: Bolam standard, Montgomery risk disclosure, duty to warn, expert and industry evidence, and sector-specific issues (construction, financial services, valuers, accountants, trade unions) across the UK

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Practice notes

This Practice Note examines the standard of care in professional negligence, rooted in Bolam v Friern Hospital as the touchstone of ‘reasonable skill and care’, and how that test is applied in practice; it also addresses the Montgomery v Lanarkshire Health ‘material risk’ inquiry, the duty to warn, and the role of industry opinion. It surveys practical illustrations across sectors and notes the position of trade unions. Given the wealth of case law in this area, the standard expected of solicitors and barristers is considered separately in Practice Note: Standard of care—solicitors and barristers. The discussion explains how Bolam operates in real‑world settings and where Montgomery informs the scope of warning obligations and the significance of prevailing professional views. Practical application of these principles is shown through sector‑specific examples.

Construction
Financial services
Accountancy
Trade unions (position)

Reasonable skill and care—the ‘Bolam test’

Since the 1957 decision in Bolam v Friern Hospital, the prevailing benchmark in professional negligence has been the exercise of reasonable skill and care. As McNair J observed, where a case involves specialised skill or competence, the inquiry into negligence is not conducted by reference to the ordinary person—often personified by the Clapham omnibus passenger—who does not possess...

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Web page updated on 21/05/2026

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