This article contains practical guidance for professionals: including but not limited to:- construction professionals such as engineers, architects, quantity surveyors and architects; financial services professionals such as insurance brokers, accountants, financial advisors; property professionals such as valuers, independent experts and surveyors; and legal services professionals such as solicitors, advocates and expert witnesses. A huge and increasing range of people qualify as “professionals”.
Professional advisers operate in increasingly complex and high‑risk environments. Early actions in response to a professional negligence claim can greatly impact your liability, insurance coverage, and costs. Professionals should avoid admissions, notify professional indemnity insurers promptly, preserve records and seek early specialist legal advice.
1. Know the warning signs
A claim often develops gradually. Before a formal notification of claim, common early indicators include: a client expressing dissatisfaction or financial loss; a formal complaint or request for an explanation; correspondence suggesting blame for delay, cost or error.
Early correspondence may later form part of the evidential record and may prejudice both a professional’s liability and insurance positions. Responses should not be too defensive, informal or apologetic.
Make sure you follow any internal process for notifying the matter to the person who deals with complaints and claims.
Key point: treat any suggestion of potential liability seriously even if no formal claim has been made.
2. Notify your insurer
Most professional indemnity policies require immediate notification of any claim made against you and any circumstance that may reasonably be expected to give rise to a claim. Late notification is one of the most common grounds on which coverage disputes arise. Even where the potential claim appears very weak, insurers must usually be informed in order to preserve a professional’s cover. They will often assist in preparing a response.
If you are not the individual responsible for liaising with insurers or brokers, you should ensure that person is informed of the issue. It is of critical importance that you do not:
- admit liability;
- attempt to settle; or
- reimburse any claimed loss
without insurer consent.
If the issue is minor and inexpensive to fix, insurers may let you resolve it without their involvement. This is often the case if any expense is within the company's self-insured limit.
Key point: take steps to ensure that insurers are notified of a claim or a potential claim as soon as possible.
3. Preserve key documents and evidence
Good file management and record‑keeping are critical in defending professional negligence claims. Clear, contemporaneous records often provide the primary evidence of the scope of instructions, advice given and professional judgment exercised and can be decisive in establishing compliance with professional standards or identifying early grounds for resolution.
As soon as a claim is intimated, file management becomes even more critical. You should take steps to:
- preserve all relevant hard‑copy and electronic records;
- suspend any routine document destruction;
- maintain contemporaneous notes of key decisions; and
- identify witnesses while memories are fresh.
Key point: early organisation of material and evidence reduces cost and risk later. The cases which are easiest to defend are the ones with excellent record keeping.
4. Avoid admissions or informal explanations
At times, natural instinct is to explain or apologise. While openness with clients is often appropriate, careless wording can be damaging. Statements such as: “an error was made”, “we should have advised differently” or “in hindsight, we should have done x” may later be relied on as admissions of breach or causation. It may be appropriate to liaise with your broker/insurer on the contents of any response.
Key point: Communications at this stage should be carefully considered.
5. Engage solicitors
Professional negligence claims are rarely straightforward. They often involve complex contractual and non-contractual legal frameworks. technical professional standards, expert evidence and multi‑party liability. If it is appropriate and agreed with your insurers, engaging advisers at an early stage enables:
- prompt evaluation of case merits;
- recognition of procedural defences;
- strategic interaction with insurers;
- effective use of legal and litigation privilege; and
- efficient resolution when suitable.
In numerous instances, achieving clarity at the outset helps minimise both time and expenses.
Key point: if appropriate, early involvement of professional negligence lawyers can ensure that your position is not prejudiced and you can often save time and cost.
Frequently Asked Questions
What should I do if a professional negligence claim is made against me?
Refrain from making any admissions, promptly notify your professional indemnity insurers, maintain all relevant records, and seek specialist legal advice, if appropriate, at the earliest opportunity.
Do insurers need to be notified before a formal claim is raised?
Yes. Most policies require notification of any circumstance that may reasonably give rise to a claim.
Should I respond directly to the potential pursuer?
Care is required. Early correspondence may prejudice liability, insurance cover or strategy, and legal advice should be considered before engaging.
When are professional negligence claims time‑barred in England & Wales and in Scotland?
The provisions in both jurisdictions can be complex but in England & Wales limitation generally stops a claim 6 years after a right of action arises except for contracts signed as deeds where the period can be 12 years.
While in Scotland, many claims are subject to the 5-year prescriptive period, with a start date depending on when loss was suffered and when it became known.
The periods in both jurisdictions can be very much longer for certain claims relating to the construction of residential properties following the Building Safety Act 2024.
Why does record‑keeping matter?
Contemporaneous records are often central to demonstrating the scope of instructions, advice given and compliance with professional standards.
If you have a professional negligence claim against you or your company or are worried about a situation which may turn into one, please reach out to Stephanie Barratt and Alisdair Matheson from Brodies’ market leading Professional Negligence Team.
This article is intended for general information and is not advice.
Last updated: July 2026
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