Professional Negligence Law Criteria
Introduction
The following is intended to provide a short guide for applicants on the
process of accreditation and the factors which will be considered relevant by
the accreditation panel (the panel) when considering an application for
accreditation or re-accreditation as a specialist in professional negligence.
The panel will be looking for evidence of fitness, competence and relevant
experience over the five year period.
Knowledge and application of the law and procedures
The applicant should demonstrate a high level of knowledge and experience
in the area of professional negligence law. The application should include
evidence that the applicant has been engaged in a broad spectrum of work or
practice in the professional negligence law field throughout the five year
period under review.
Examples provided in the application should
demonstrate most of the following:

Experience of a significant number of matters from across the following
categories

matters of complexity with a number of difficult and novel issues

matters involving significant skill, time and labour on the part of
the applicant

matters involving specialised knowledge on the part of the
applicant

matters involving unusual circumstances or where the subject
matter is important to the client

matters involving significant value

matters where the applicant has taken particular steps with a
view to avoiding a dispute, resolving a dispute, limiting the
matters in dispute or limiting the scope of any hearing including
mediation

An understanding of the tests for professional negligence including the
legal criteria for liability where deviation from normal practice is alleged

An understanding of the issues of causation and quantification of
damages in professional negligence claims

An understanding of the practices and procedures of the Scottish
Courts in dealing with professional negligence claims including
Commercial Actions in the Court of Session

Participation in relevant Law Society of Scotland committees or other
bodies or contribution towards consultation papers within the
specialism.
The applicant should demonstrate the breadth of their work in the field of
professional negligence. Examples of contentious and non-contentious
professional negligence work should be provided where available. Where the
applicant has appeared in court personally or supported counsel in
contentious matters, that experience should be demonstrated. The applicant
should identify whether they or their firm appears on the Law Society of
Scotland’s pursuer professional negligence panel or on the panel of an insurer
providing professional indemnity cover. Where the applicant can demonstrate
a breadth of professional negligence work across a number of professions
including, for example, the legal profession, the medical profession, the
nursing profession, the dental profession, the accountancy profession, the
engineering profession, the architecture profession or the surveying
profession that should be provided. The applicant should be aware that there
is a separate accreditation for medical negligence but experience in medical
negligence matters ought to be demonstrated where that supports an
application in respect of professional negligence generally.
An applicant who is not in practice should provide evidence of how their
thinking and research has contributed to the development of the specialism.
Professional negligence law is a rapidly changing area and credit will be given
where an applicant has engaged in knowledge sharing for the benefit of their
peers, their clients and the public generally. The scope and correct
application of professional negligence law is open to interpretation in many
areas and case law can sometimes confuse rather than clarify the position.
Solicitors in practice often face scenarios where the law does not present a
clear answer to the question posed. An applicant should demonstrate their
expertise by providing examples of matters handled where they have come up
with lateral or unusual solutions to problems for example where the law is
new, untested or uncertain.