Professional Negligence Loss Quantification
Negligence Loss Expert provides independent financial loss expert witness reports for professional negligence claims in England & Wales, Scotland, and Northern Ireland. We quantify wasted costs, lost transaction value, loss of a chance, and consequential business loss to CPR Part 35 standards.
What This Service Covers
- Independent quantification of financial loss from negligent acts or omissions of solicitors, barristers, accountants, auditors, surveyors, valuers, architects, engineers, and other regulated professionals.
- Wasted costs, loss of transaction value, lost litigation prospects (loss of a chance), diminution in asset value, consequential business losses, and interest.
- Probability-weighted loss of a chance quantification where the claimant cannot prove the outcome on the balance of probabilities.
When You Need This
- Professional negligence proceedings where quantum is disputed or not yet quantified.
- Claims involving aborted transactions, failed litigation, or professional advice causing measurable financial loss.
- Defendant instructions requiring independent rebuttal of claimant quantum schedules.
Our Approach
- Instruction review and identification of financial issues in dispute.
- Causation analysis linking negligent conduct to alleged financial loss.
- Loss methodology selection (transaction loss, wasted costs, loss of a chance, consequential loss).
- Loss modelling and CPR Part 35 compliant expert report; joint statement or oral evidence if required.
Loss of a Chance Methodology
In professional negligence claims, loss is frequently assessed as the loss of a chance: a probability-weighted quantification of the outcome that would have occurred but for the negligence. The financial expert quantifies the full loss that would have applied if the favourable outcome had occurred, and that figure is then discounted by the probability of that outcome established on the evidence.
This requires specific expertise in both the underlying transaction or litigation and the financial modelling of the counterfactual. Negligence Loss Expert provides transparent disclosure of probability assumptions and the financial model supporting the gross and weighted loss figures.
Types of Professional Negligence Covered
We quantify loss across legal professional negligence (solicitor and barrister), accountant and auditor negligence, surveyor and valuer negligence, architect and engineer negligence, and other regulated professions where financial loss is the central disputed issue.
Each profession involves different loss mechanisms: wasted costs and abortive fees in legal negligence; diminution in asset value in valuation negligence; and lost profits or project costs in construction and engineering negligence.
CPR Part 35 Compliance
All professional negligence loss reports are prepared to CPR Part 35 and Practice Direction 35. Methodology, assumptions, and loss of a chance probability weighting are disclosed and reasoned.
Under CPR Part 35 and Practice Direction 35, the expert's duty is to the court. Reports must state qualifications, instructions, facts, assumptions, methodology, opinion, conclusions, and contain a statement of truth. Where proceedings are in the family court, FPR Part 25 applies to expert evidence.
Frequently asked questions
- What is loss of a chance in professional negligence?
- Loss of a chance is a probability-weighted assessment of financial loss where the claimant cannot prove the favourable outcome on the balance of probabilities. The expert quantifies the full financial loss that would have applied, and that figure is discounted by the assessed probability of the outcome.
- What financial loss types arise in solicitor negligence?
- Common heads include wasted costs, abortive transaction costs, lost litigation value (loss of a chance in the underlying claim), diminution in property value from negligent conveyancing, and consequential business losses flowing from the negligent advice or conduct.
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