1.1 “Professional negligence” is a mesmeric phrase which has become a term of art in the legal world notwithstanding its imprecision. As commonly understood it refers to the business of suing and defending professional persons, being solicitors, accountants, architects and so forth, for errors or misjudgements made by them in the course of carrying out their work. Lawyers hold themselves out as practising in “professional negligence” and have created bodies and standards to promote and codify their practice. The courts in England and Wales have recognised “professional negligence” disputes as a specific type of dispute, suitable for resolution with the assistance of processes recommended by professional negligence pre-action protocol.
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