Barristers4U Legal Guides

Professional Negligence Barrister Evidence Guide

Professional negligence enquiries usually turn on what was agreed, what advice was given, what went wrong and what loss followed.

Retainer And Advice Documents

The starting point is usually the scope of the professional relationship and the work the professional agreed to perform.

• Client care letter, contract or engagement terms.
• Advice notes, reports, drawings, accounts or other work product.
• Emails, letters and attendance notes.
• Invoices and payment records.
• Any terms limiting liability or defining the scope of work.

What Went Wrong

The enquiry should explain the alleged error in practical terms and identify what should have happened instead.

• A short chronology of events.
• The advice, omission, missed deadline or defective work complained about.
• Any independent report or second opinion.
• Complaint letters and responses.
• Any regulator, ombudsman or insurer correspondence.

Loss And Next Steps

A barrister may need to assess both liability and whether the alleged error caused recoverable loss.

• A schedule or explanation of the loss claimed.
• Documents showing how the loss was calculated.
• Steps taken to reduce the loss.
• Any settlement offers or admissions.
• Any known deadline or limitation concern.

Source/review note: professional negligence claims are fact-sensitive and may involve limitation, causation, expert evidence and pre-action protocol requirements.