A creature of the common law i.e. not created by Parliament, and gradually developed over the years through case law, the basis for negligence is where a person or a business owes another a duty of care that results from the relationship that the person or business has with the other.  For example, a doctor/patient relationship or an accountant/client relationship.  In both of these examples, there is an element of trust between the parties. The party that owes the duty of care must not act or fail to act in a way breaches that duty. A duty can be imposed by legislation or implied due to the relationship between the parties.

 

Generally, where there is a duty of care, a careless act or careless failure to act, which results in a party sustaining foreseeable financial loss, physical damage, or injury, may give rise to a claim for damages.

 

Professional negligence is specific to the context of a business and the standard or care expected, is higher.

 

Negligence can either be a stand alone cause of action or, as is often the case, used as an alternative claim. When instructed to advise on a dispute, in particular contractual disputes, there is sometimes a claim in negligence that also exists.

 

Sewell Law acts for and advises clients in, amongst others:

 

• Claims and defences in negligence including professional negligence, whether as a stand alone case or as part of a wider claim or defence.

 

• Cases of  damage to property, goods and cargo as well as the execution of professional services.   

 

• Defendant personal injury claims including fatalities.