--- title: "Breach of Duty Explained: Professional Negligence Guide" url: https://professionalnegligenceclaimsolicitors.co.uk/breach-of-duty-explained-professional-negligence-guide/ date: 2026-09-25 modified: 2026-09-25 lang: en author: "pncs" description: "Establishing a duty of care is only step one. Learn how courts test breach under Bolam and the Manchester Building Society scope-of-duty framework." categories: - "Legal Negligence" - "Litigation advice" - "negligence" - "Negligence Claim" - "Negligent Immigration Advisor" - "Negligent Solicitor" - "Negligent Valuation" - "professional negligence" - "Professional Negligence Cases" - "tort law" tags: - "Bolam Test" - "Breach of duty" - "Concurrent liability" - "duty of care" - "Limitation Act 1980" - "Manchester Building Society v Grant Thornton" - "Pre-Action Protocol for Professional Negligence" - "Professional negligence" - "scope of duty" - "Standard of care" image: https://professionalnegligenceclaimsolicitors.co.uk/wp-content/uploads/breach-of-duty-1024x683.png word_count: 1203 --- # Breach of Duty Explained: Professional Negligence Guide For a claim under professional negligence to succeed, the claimant needs to establish a [duty of care](https://professionalnegligenceclaimsolicitors.co.uk/duty-of-care-the-foundation-of-every-negligence-claim/) owed by the defendant. However, merely establishing a duty does not mean that a claim for professional negligence is complete. Another important aspect of the law of [professional negligence](https://professionalnegligenceclaimsolicitors.co.uk/how-to-prove-professional-negligence-a-step-by-step-legal-guide/) after establishing duty lies in establishing the breach of that duty. This is the second step in advancing a claim for negligence. Most people think that satisfying the duty requirement satisfies the scope of negligence and makes their claim viable. In reality, duty and breach are two interconnected stages, and both must be satisfied in order for a claim to really be successful. This article explains the law of breach of duty, when that duty is breached under English law, and practical steps to take if you believe a duty owed to you has been breached. ### Want legal advice on the merits of your case? Your legal enquiry goes immediately to our PN litigation team in Middle Temple, London. We can't take on low value cases or give free legal advice - our minimum fee is £1750 +VAT for a conference with a solicitor and barrister. Call us on +442071830529. [Check My Case Now ✔](https://professionalnegligenceclaimsolicitors.co.uk/litigation-case-assessment-form/) ## How to determine breach? A breach occurs when a defendant’s conduct falls below the standard of care. In ordinary negligence, the court applies an objective test: conduct is judged against what a hypothetical "reasonable person" would or would not have done under similar circumstances, or when a party who owes a legal obligation of care to another fails to act in accordance with the required benchmark of conduct, as highlighted in [*Bolam v Friern Hospital Management Committee*](https://professionalnegligenceclaimsolicitors.co.uk/breach-of-duty-key-tort-law-judgment-bolam-friern/). This standard aims to view the dispute through the lens of a reasonable person and whether he would have acted the same way the defendant did. The courts determine breach of duty in various contexts such as negligent supervision, safety protocol violations, failure to warn, or delayed response to an emergency. ## Factors that influence the Standard - The probability of harm - The magnitude of risk - Could the harm have been easily prevented - Seriousness of the injury if it were to occur These aren't the only things a court can consider; it can consider anything relevant to the situation. ## Scope of breached Duty: The Manchester Building Society Framework In recent updates, the case of Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20 reformulated how English courts determine the scope of duty in professional negligence claims. In *Manchester Building Society*, the court established a structured six-stage test to guide negligence claims. It is now the leading authority on the scope of duty. The six stage test is discussed in depth in the article titled ‘ [The impact of Manchester Building Society v Grant Thornton on professional negligence claims](https://professionalnegligenceclaimsolicitors.co.uk/the-impact-of-manchester-building-society-v-grant-thornton-on-the-law-of-professional-negligence/)’ and concerning the law of breach, the court guided as follows: - **Did the defendant breach their duty by their acts or omissions?** - **Is there a sufficient nexus between the duty breached and the loss suffered****, i.e., is the loss within the scope of the duty?** Following Manchester Building Society, the law of breach of duty mainly relies on the sufficient nexus between the duty breached and the loss suffered, meaning that loss has to be within the scope of the duty; otherwise, the claim will not succeed. ## Contractual vs Tortious Breach: Concurrent Liability In commercial and professional relationships, breaches typically involve two overlapping legal regimes: - **Breach of Contract:** Arises when a party fails to perform contractual obligations. Contractual terms are categorised as conditions (vital terms whose breach permits termination and damages), warranties (minor terms yielding damages only), or innominate terms (where remedies depend on the breach's seriousness). Under [section 13 of the Supply of Goods and Services Act 1982](https://www.legislation.gov.uk/ukpga/1982/29/section/13), professional retainers contain an implied term to provide services with reasonable care and skill. - **Breach of Tortious Duty:** Arises where an independent common law obligation to avoid foreseeable harm is broken, regardless of whether a formal contract exists. - **Concurrent Liability:** Under *Henderson v Merrett Syndicates Ltd* [1995] 2 AC 145, claimants may pursue claims in both contract and tort simultaneously. This provides vital strategic options regarding limitation periods and available damages. [Common examples](https://professionalnegligenceclaimsolicitors.co.uk/start-professional-negligence-claim-standing-sue-legal-solicitor-claimant-advice/) include solicitors missing statutory deadlines, accountants providing negligent tax advice, and surveyors overlooking major structural defects. ## Practical Steps if a Duty Has Been Breached If you believe a professional adviser has breached their duty of care, taking prompt and methodical steps is critical: - **Preserve All Evidence:** Collate engagement letters, retainers, written advice, emails, and financial records immediately. Contemporaneous written records form the core of your claim. - **Obtain Independent Expert Evidence:** Establishing a breach under the *Bolam* standard almost always requires an independent expert in the same field to confirm that the defendant's conduct fell below acceptable standards. - **Follow the Pre-Action Protocol:** Claimants must comply with the [*Pre-Action Protocol for Professional Negligence*](https://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_neg) by issuing a formal Letter of Claim before commencing court proceedings. This encourages early resolution and narrows disputed issues. - **Monitor Limitation Deadlines:** Under the [**Limitation Act 1980**](https://professionalnegligenceclaimsolicitors.co.uk/what-is-the-limitation-period-for-a-professional-negligence-claim/), claims must generally be brought within six** **years from the breach or actionable damage. For latent (hidden) damage, the limit is three years from the date of knowledge, subject to a strict 15-year longstop. ## How We Can Help? Proving that a professional owed you a duty of care is only the first step. To recover [compensation](https://professionalnegligenceclaimsolicitors.co.uk/how-is-compensation-calculated-in-a-professional-negligence-claim/), you must establish that their conduct breached the objective *Bolam* benchmark, caused financial loss, and that this loss fell within the scope of duty defined by *Manchester Building Society*.  Majority of professional negligence claims involve complex evidentiary rules, strict limitation deadlines, and detailed pre-action protocols, early advice from specialist litigation solicitors is essential to protect your commercial and financial position. Our Specialist litigation solicitors and barristers based in the legal heart of London, Middle Temple, ensure that claims are marshalled with strategic precision. Our unique integration of dual-qualified solicitors and in-house barristers provides seamless representation from pre-action correspondence through to trial in the High Court. If you have suffered significant financial loss due to professional negligence, early specialist consultation is vital to secure full recovery. [Our expert legal team](https://lexlaw.co.uk/our-people/) of [leading Professional Negligence Solicitors & Barristers](https://professionalnegligenceclaimsolicitors.co.uk/) can provide urgent help, advice or representation to you. Just call our Professional Negligence Lawyers on 02071830529 or [email us now](https://lexlaw.co.uk/legal-case-assessment/). *This article is for general information only, does not constitute legal advice, and should not be relied upon as a complete or authoritative statement of the law. Specific advice should always be sought on your particular circumstances.* [Submit your Negligence Claim for Legal Review](https://professionalnegligenceclaimsolicitors.co.uk/litigation-case-assessment-form/) ### Frequently Asked Question: Professional Negligence What is the difference between duty of care and breach of duty? Duty of care establishes that the defendant owed you a legal obligation. Breach of duty is the separate, second step proving that the defendant's conduct fell below the required standard of care. Both must be satisfied for a claim to succeed. **What is the Bolam test?** it's the standard English courts use to judge breach of duty by asking whether the defendant's conduct fell below what a hypothetical "reasonable person" (or reasonably competent professional) would have done in the same circumstances, per Bolam v Friern Hospital Management Committee. **How long do I have to bring a professional negligence claim?** Generally, six years from the breach under the Limitation Act 1980. For latent (hidden) damage, it's three years from the date of knowledge, subject to a strict 15-year long stop.