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If a professional — such as a solicitor, accountant, surveyor, or financial advisor — gave you negligent advice that caused you financial loss, you may be entitled to recover that loss in full. In Scotland, claims are assessed against the Hunter v Hanley test and the prescriptive period is 5 years from the date of knowledge. Scottish Claims Helpline handles professional negligence claims on a no win no fee basis — complete the short form for a free assessment.
Received Negligent Professional Advice? You Could Recover Your Losses.
When you instruct a professional, you are paying for their expertise. Whether it is a solicitor handling your house purchase, an accountant managing your tax affairs, or a financial advisor recommending a pension transfer, you have a right to expect competent advice. When that advice falls below the standard expected — and you suffer financial loss as a result — you are entitled to compensation.
Scottish Claims Helpline handles professional negligence claims across Scotland on a no win no fee basis. All regulated professionals in Scotland are required to hold professional indemnity insurance, which means there is always a fund available to pay compensation when negligence is established.
The Scottish test for professional negligence is Hunter v Hanley (1955 SC 200), which requires proof that the professional departed from the standard of practice accepted as proper by a responsible body of practitioners in the same field.
How Much Could You Recover?
Professional negligence compensation is based on restoring you to the position you would have been in had the negligence not occurred:
| Type of Claim | Typical Recovery |
|---|
| Conveyancing error (missed defect or title issue) | £5,000 – £50,000 |
| Missed limitation deadline | Value of the lost claim in full |
| Negligent tax advice (HMRC penalties + overpaid tax) | £10,000 – £100,000+ |
| Unsuitable pension transfer advice | £30,000 – £250,000+ |
| Negligent property survey (undisclosed defects) | £10,000 – £80,000 |
| Unsuitable high-risk investment advice | Amount of loss suffered |
Recoverable losses vary widely depending on the specific facts. Figures shown are illustrative ranges.
That’s not all. You can also recover consequential losses including the cost of obtaining replacement professional advice to remedy the original error, interest on money wrongly lost or delayed, and in some cases the legal costs you incurred in the original transaction or matter. Where negligent advice caused you to enter into a transaction you would not otherwise have entered, the full transaction loss may be recoverable.
Who Can Claim?
Anyone who instructed a professional and suffered financial loss as a result of negligent advice. This includes individuals, sole traders, partnerships, and companies. You can claim against solicitors, accountants, financial advisors, surveyors and valuers, architects, tax advisors, and insurance brokers. All of these professionals are required to hold professional indemnity insurance in Scotland.
Professional Negligence Claims — Frequently Asked Questions
Compensation is based on your actual financial loss caused by the negligent advice. This could range from a few thousand pounds for a minor conveyancing error to hundreds of thousands for negligent pension transfer advice, a missed limitation deadline on a high-value claim, or a negligent property survey that led to purchasing a defective property.
5 years from the date the loss occurred and became known to you under the Prescription and Limitation (Scotland) Act 1973. An absolute prescription of 20 years applies. Importantly, prescription in Scotland extinguishes the right entirely — unlike limitation in England which merely bars the remedy. Act promptly.
Yes. Common solicitor negligence claims include missing a limitation deadline, errors in conveyancing, negligent advice on commercial leases, failures in divorce financial settlements, and negligent conduct of litigation. All Scottish solicitors must hold professional indemnity insurance through the Law Society of Scotland.
Three things: that the professional owed you a duty of care, that they breached that duty by falling below the standard of a reasonably competent practitioner in their field (the Hunter v Hanley test in Scotland), and that the breach caused you a quantifiable financial loss.
Yes. Financial advisors regulated by the FCA owe a duty to provide suitable advice. Common claims involve unsuitable pension transfers, high-risk investments inappropriate for the client’s circumstances, and negligent mortgage advice. The Financial Ombudsman Service is an alternative route for some complaints.
Hunter v Hanley (1955 SC 200) is the Scottish test for professional negligence. It requires proof that the professional departed from the standard of practice accepted as proper by a responsible body of practitioners in the same field. It is the Scottish equivalent of the English Bolam test.
How Do I Start My Claim?
It takes 2 minutes. Fill in our short form and one of our specialist Scottish solicitors will call you back at a time that suits. They will review what happened, assess whether you have a viable claim, and explain the process — all completely free and with no obligation. If you decide to go ahead, everything is handled for you on a no win no fee basis from start to finish. You pay nothing unless you win.
About this page: Written by the Scottish Claims Helpline editorial team. Reviewed by a qualified Scottish solicitor. Last reviewed February 2026. Scottish Claims Helpline is authorised and regulated by the Financial Conduct Authority (
FRN 830381).