Professional negligence solicitors in Scotland

What is professional negligence?

Professional negligence happens when a professional adviser fails to provide their service with the skill and care that a reasonably competent member of their profession would have shown, and that failure causes you a loss. It can arise from negligent advice, a mistake in a document, a missed deadline or a failure to warn you about an obvious risk.

Professionals owe a duty of care to their clients, both under their contract and under the law of delict. In some situations, they can also owe a duty to third parties who they know will rely on their work, such as a lender relying on a survey.

A professional negligence claim is not simply about a bad outcome. Advice can turn out to be wrong without being negligent. The question is whether the professional fell below the standard expected of their profession at the time. We will give you an honest view on whether that standard was breached before you commit to a claim.

Professional negligence claims our solicitor team handles

Our professional negligence team acts for businesses and business owners across Scotland, from our Glasgow office and in Edinburgh and beyond, in claims against:

• SolicitorsErrors in commercial property transactions, missed time limits, poorly drafted contracts, leases or shareholders’ agreements, and negligent advice in business sales and disputes.
• Accountants and tax advisersIncorrect tax advice, failure to claim reliefs, errors in accounts or audits, and negligent valuations.
• Surveyors and valuersOvervaluations, missed defects in commercial premises and errors in rent review or dilapidations advice.
• Construction professionalsArchitects, engineers and project managers whose design or supervision has led to defects or delay.
• Financial advisers and insurance brokersUnsuitable investment advice, or a failure to arrange adequate business insurance cover.

Claims against other advisers, such as insolvency practitioners and patent or trade mark attorneys, follow the same principles. Ask us if your adviser is not listed here.

How do you prove professional negligence in Scotland?

To succeed in a professional negligence claim in Scotland, you need to show three things:

• A duty of careThe professional owed you a duty, usually because you were their client.
• A breach of that dutyUnder the test in Hunter v Hanley, you must show that the professional followed a course that no ordinarily competent member of their profession would have taken if acting with ordinary care. This usually needs a report from an independent expert in the same profession.
• A loss caused by the breachYou must show that the negligence caused your financial loss, and what you would have done if you had been properly advised.

Where negligence is established, you are entitled to damages to put you in the position you would have been in if the professional had done their job properly, subject to the rules on causation and remoteness.

Time limits for professional negligence claims

Time limits in Scotland are strict, and a claim that is not raised in time is lost for good. Most professional negligence claims must be made within five years. Since the Prescription (Scotland) Act 2018 changes came into force on 1 June 2022, the five years run from the date when you were aware, or could with reasonable diligence have been aware, that you had suffered a loss, that it was caused by someone’s act or omission, and who that person was.

There is also a long-stop period of 20 years from the date of the negligent act or omission. Since 28 February 2025, the long-stop can no longer be interrupted and restarted by a claim or an acknowledgement. If court or arbitration proceedings are raised before it expires, the claim survives until those proceedings are finally disposed of, but the long-stop cannot otherwise be extended.

Parties can now agree a standstill agreement to extend the five-year period by up to one year while they negotiate. Only one extension is allowed, and it does not affect the 20-year long-stop. If you think you may have a claim, speak to us early so that time limits can be managed properly.

Resolving professional negligence claims without litigation

Most professional negligence claims are settled without a court hearing. Professionals are usually covered by professional indemnity insurance, and solicitors in Scotland must be insured under the Law Society of Scotland Master Policy, so there is normally a fund to meet a valid claim. We present your claim clearly, with supporting expert evidence, and negotiate with the professional’s insurers. Mediation and other forms of alternative dispute resolution can be an effective way to settle a claim. Where a fair settlement cannot be reached, our professional negligence solicitor will raise litigation in the Court of Session or the Sheriff Court. If you would like to discuss a possible claim, make an enquiry and we will arrange an initial call.