If you have suffered a financial loss because your accountant got it wrong, you may be able to bring a professional negligence claim against your accountant (or their firm) to recover compensation. Negligent accountancy advice can have serious consequences: unexpected tax liabilities, penalties and interest, failed transactions, cashflow crises, reputational damage, and, sometimes, insolvency. It is important to seek early legal advice from a professional negligence solicitor to assess your options and avoid further losses.

What constitutes professional negligence by an accountant?

Accountants owe duties to act with reasonable skill and care. Those duties can arise under a contract (the engagement letter/terms) and/or in tort (negligence), and the scope of the duty will depend on what the accountant was instructed to do and what it was reasonable for you to rely upon.

A claim usually arises where an accountant has fallen below the standard expected of a reasonably competent accountant and that failure has caused you a measurable loss. Many claims involve a combination of technical errors and a failure to warn; such as not explaining risks, assumptions, deadlines, or the consequences of a particular tax or accounting treatment.

Common examples of negligent accountancy

Our professional negligence solicitors regularly see allegations of a negligent accountant arising from:

  • Negligent tax advice (including incorrect advice on reliefs, structuring, residency/domicile issues, VAT/PAYE, SDLT, IHT, R&D and time limits for elections or claims).
  • Failure to advise on tax risks (for example, not flagging HMRC challenge risk, evidence requirements, or alternative compliant options).
  • Preparation of misleading or inaccurate accounts, management accounts, or forecasts (including errors in revenue recognition, provisions, debtor recoverability, and valuation).
  • Audit failures, including inadequate testing, missed red flags, or failure to identify material misstatements.
  • Transaction support errors, such as incorrect advice in relation to completion accounts, earn-outs, working capital adjustments, or due diligence.
  • Failure to file returns on time or to meet statutory/regulatory deadlines, resulting in penalties, interest and wider loss.
  • Failure to advise directors properly (for example, around solvency, distributable reserves/dividends, or the financial risks of a proposed course of action).

Not every mistake will justify a claim. It’s important to seek professional legal advice to consider if the error amounts to professional negligence and whether you can prove that it caused significant losses.

Time limits for bringing a claim

Limitation is a critical issue in accountant negligence claims and should be assessed early.

In broad terms:

  • A claim in contract must generally be issued within six years from the date the cause of action accrued.
  • A claim in negligence (tort) must generally be issued within six years from the date the cause of action accrued.
  • Where you did not have the relevant knowledge at the time, some negligence claims may benefit from a “date of knowledge” extension—three years from the starting date (if later than six years), subject to an overall longstop.
  • There is also an overriding 15-year longstop for certain negligence claims not involving personal injuries.

Limitation can be fact-sensitive (and different time limits may apply depending on the precise cause of action). Where limitation is tight, there may be options such as a standstill agreement—something the parties may consider in the pre-action process.

The process for making a professional negligence claim

Assess your claim early and gather key evidence

Our professional negligence solicitors will always review ask to review any key documents and consider the timeline of the events to get a better understanding of your situation. Key documents can usually include an engagement letter, advice provided (letters/emails), accounts/returns, working papers where available and other documentation that supports your claim. Where necessary, our lawyers will always consider if further expert evidence is required.

Following the Pre-Action Protocol for professional negligence claims

Most professional negligence claims in the UK will usually require claimants to follow the pre-action protocol which sets out a process to follow before any court proceedings are issued. Other steps will also include a preliminary notice, a detailed letter of claim, and a period for investigation and response. It emphasises the need for parties to act reasonably, exchange key information and consider settlement/ADR options where possible.

It is important to note, that courts have the power to impose sanctions for failing to not comply with these steps, so it’s important to follow the guidance that is available.

Negotiation and using alternative dispute resolution (ADR)

Most negligence claims against accountants settle without needing to go to trial. Once the issues and documents are clearly defined, mediation can be an effective option for parties. The protocol also encourages parties to treat litigation as a last resort and to consider using ADR to resolve any dispute.

Issuing proceedings (if needed)

If settlement is not achieved, court proceedings may be necessary. Our negligence lawyers will advise on forum, pleadings, expert evidence, and a proportionate strategy to pursue recovery.

Remedies and compensation available

The objective is usually to recover damages putting you (so far as money can) in the position you would have been in if competent advice or services had been provided.

Depending on the facts, compensation may include:

  • additional tax paid (and sometimes lost reliefs/opportunities);
  • HMRC penalties and interest (where recoverable as loss flowing from the negligence);
  • professional fees wasted and the cost of remedial work;
  • transaction losses (for example, overpayment, undervaluation, or missed deal opportunities);
  • consequential losses

Why instruct DMH Stallard for an accountant negligence claim?

Professional negligence disputes require a firm grip on detail and a commercial approach to resolution. Our professional negligence solicitors acts for claimants bringing accountant negligence claims as well as clients defending allegations, giving us a practical view of how these cases are analysed, valued and negotiated.

We aim to:

  • identify the strongest legal and evidential route to recovery
  • quantify loss in a way that supports settlement leverage
  • manage the pre-action process efficiently and strategically
  • pursue outcomes that make commercial sense whether through negotiation, mediation or court proceedings

Our laywers have offices in London and across the South-east including Gatwick and CrawleyHassocksHorshamBrighton and Guildford.

If you believe you have a professional negligence claim against an accountant, get in touch with of our specialist lawyers for clear, confidential advice on your position and next steps, via our online enquiry form or call on +44 (0) 1293 558529.

The legal test to bring a claim: Duty, breach and causation

Pen signing a contract

Duty of care

That the accountant owed you a duty of care. This is often straightforward where you are the client under an engagement letter. It can be more complex where a third party relied on the accountant’s work (for example, investors, lenders, or a purchaser), and careful analysis is needed.

Breach of duty

That the accountant breached the duty i.e. they acted below the standard of a reasonably competent accountant providing the relevant service.

Causation and loss

That the breach caused the loss you are claiming. In practice this often involves a “counterfactual”: what would you have done if you had been advised correctly? Loss must be evidenced and quantified sometimes with expert accounting and/or tax input.

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