The Victim of Barrister Negligence? What Can You Do?

Most people do not know what to expect from their barrister let alone would be able to recognise when their barrister is negligent. Most people's experiences stretch to watching a crime drama on tv!

You may well have a long standing relationship with your solicitor, however this is not normally the case with a barrister, you only normally encounter them when a solicitor instructs them on your behalf. This might happen so that specialist advise can be sought or advocacy is needed before the court. Due to this the relationship between you and your barrister is often quick natured and unsubstantial at best making it all the more difficult for you , as the client to assess whether there has been any genuine barrister negligence and whether it is worth complaining. Add to that the fact that barristers are highly paid experts with what can come across as an intimidating public persona and you may to scared to even consider making a complaint let along seeking compensation.

In the past even if you knew your barrister had been negligent, they used to be protected from being sued for damages, this was the case right up until 2000. Thankfully following a landmark ruling by the House of Lords that right has now been removed and barristers are treated the same way in law as any other professional advisor.

Nevertheless, the ability to bring a claim legally and then going on to win compensation are two entirely separate things. Complaints must be brought within a six month period and there are various options as to how best to make a claim.

The process of bringing a claim can be quite complicated and you need to appreciate that you are bringing a case against a very knowledgeable opponent, therefore before commencing any proceedings you should always seek advice from a specialist solicitor experienced in barrister negligence.

Whether you are making your complaint to the lay Complaints Commissioner or escalating it via the Legal Services Ombudsman the guidance of professional advisor is invaluable. You must be aware that your barrister will have a large network of legal support and will have access to specialist legal help through their professional negligence insurance, therefore you must make sure that you are equally represented with the same level of support.

So to conclude, making a claim against a negligent barrister is not an easy ride, but is definitely achievable. Step one will always be find a specialist solicitor to advise you on what the next stages will be and what actions you need to be taking.


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Tim Bishop is senior partner at Bonallack & Bishop, a firm of professional negligence claim solicitors specialising in advising upon barrister negligence claims. He is responsible for all major strategic decisions, seeing himself as a businessman who owns a law firm. Tim has expanded the firm by 1000% in 12 years and has plans for its continued development.