Professional Negligence

Recognising the sensitivity of the situation for any professionals on the receiving end of a negligence claim, we prefer not to publicise details of the large number of high profile professional negligence cases in which we have acted and continue to act.  We will not therefore disclose details of ongoing matters in which we are involved, even on an anonymised basis.

As evidence of our experience and established track record in this area of practice, however, the following are examples of some recently concluded matters in which we have acted.

Recent reported decisions:

  • RBS plc v. Bannerman Johnstone Maclay: In one of Scotland’s biggest and most high profile recent professional negligence cases, bto defended a firm of chartered accountants against allegations of negligence in their audit of a public company to which RBS had lent substantial sums.

  • Aquatron v. Strathclyde Fire Board: In one of the first cases of its type in Scotland, bto defended a public authority against a claim by an unsuccessful tenderer for failure to conduct a public procurement process in accordance with the relevant EC procurement legislation.

In other recent unlitigated and unreported matters bto have acted:

  • on behalf of consulting engineers, in defending a claim against them for their part in the allegedly negligent design and construction of an innovative and ultimately award winning building.

  • in defending a tertiary level academic institution against claims from an entire class of former students for alleged deficiencies in the way that one of its undergraduate courses was structured, taught and assessed.

  • for a private individual in the successful pursuit of a claim against a firm of financial advisors for their negligent management of a SIPP pension portfolio.


Continuing in our role as one of the panel solicitors for the Law Society of Scotland Professional Indemnity Scheme, we have defended recently solicitors against claims across the A-Z of practice areas, from agricultural leases to wills and pretty much everything in between! 

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48 St. Vincent Street Glasgow G2 5HS
T: 0141 221 8012  F: 0141 221 7803  E: lawyers@bto.co.uk