How to Make a Successful Negligence Claim

To bring a successful negligence claim against a solicitor, you must be able to prove three key elements: breach of duty, loss or 'damage' and causation.

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It’s a common misconception that simply proving a solicitor gave poor advice is enough to bring a successful legal claim. In reality, showing that the advice fell below the expected standard is only one part of the picture.

To bring a successful negligence claim against a solicitor, you must be able to prove three key elements: breach of duty, loss or 'damage' and causation.

If any one of these is missing, the claim is unlikely to succeed...

Find out more about each of these areas below.

Get in touch to book a free, no-obligation consultation today by calling 0333 043 3230 or emailing hello@solicitorsnegligence.co.uk.

Element one — Breach of Duty

The first element is to show that the solicitor owed you a duty to act with reasonable care and skill and — importantly — failed to meet that standard. This is known as a breach of duty. It may involve giving incorrect advice, missing deadlines or failing to follow instructions.

Whilst this may sound straightforward (and sometimes is) every case will turn on its own facts and will be assessed by reference to longstanding (and infrequently evolving) principles.

Broadly speaking, the courts will normally apply the standard of a ‘reasonably competent solicitor’.

Once a breach has been established, the next step is to consider whether that breach caused any loss or ‘damage’.

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Element two — Loss or ‘damage’

In most cases, a claim will only succeed if the solicitor’s negligence resulted in some form of loss or damage. If there was negligence but no actual harm, there will be no legal claim to pursue.

While loss is often financial, this isn’t always the case.

Loss could also include:

Reputational damage.
Missing out on an opportunity or event.
Making less profit than you would have if the correct advice had been given.

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Element three — Causation

The final element is known as ‘causation’. This means that there must be a clear link between the solicitor’s negligent actions or advice and the loss or damage suffered.

The loss must have been caused by the solicitor’s negligence — not by something else. If the loss would have occurred regardless of the solicitor’s actions, then the claim is unlikely to succeed.

It’s also important to consider whether anything occurred after the solicitor’s negligence that may have caused the loss instead. These are called intervening events and could include the actions of a third party, a change in the law or an unexpected event. Any such occurrences could break the chain between the solicitor’s mistake and the loss — meaning that the solicitor may not be legally responsible.