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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

Reducing negligence claims in law firms: common errors, high‑risk clients and behaviours, and practice‑area pitfalls for staff to manage

Published by a LexisNexis Practice Compliance expert

Precedents

Introduction

We acknowledge that there are inherent risks in our practice.
Our intention, as far as possible, is to promote a no-blame culture—we are all liable to make mistakes. Nonetheless, there are recurring causes of Negligence claims within the legal profession generally [ and also within this firm ].
This document sets out the usual triggers for negligence claims—both the general themes (section 2) and those specific to different work types (sections 3–8). It is intended to help all our staff guard against negligence in their work.

Generic causes of negligence claims

Most negligence claims against lawyers arise from missed deadlines, drafting mistakes, incorrect legal advice, and inappropriate action; however, the underlying reasons for such errors can differ. The table below highlights typical errors, common contributory factors, and associated behaviours...

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Web page updated on 22/05/2026

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