Accountant Negligence Claims
- No Win, No Fee
- 17 years of experience
- 95% success rate
- Over £150 million recovered
- 1000’s of successful clients
If Your Accountant Gave Negligent Tax, Financial, Or Business Advice Resulting In Financial Loss, Our Expert Professional Negligence Solicitors Can Help You Make A Claim. No Win, No Fee Legal Representation Available.
Accountants are qualified professionals regulated by professional bodies. Their work is very complex and primarily involves:
This work can be challenging. For example, the UK Tax Code runs to over 20,000 pages, covering rules, reliefs and exemptions that can help reduce a tax bill.
If mistakes are made, it can be very costly for a client. However, not all mistakes amount to accountancy negligence.
An accountant’s negligence is where the work falls below the standard reasonably expected of a competent accountant and causes a financial loss. There would be no claimable negligence if the mistake caused no loss – for example if an error in a tax return or financial accounts was later rectified.
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We handle various cases where clients have been let down by their accountant, resulting in a financial loss. The most common examples of negligence are:
1. TAX MISCALCULATIONS OR INCORRECT TAX SUBMISSIONS
A large part of an accountant’s work is providing tax advice and completing tax returns for individuals and businesses. Most people pay income tax through PAYE and don’t need an accountant. However, if you’re self-employed, are a business owner/director or have taxable income in addition to your salary (such as investment income or savings interests), you may need an accountant to prepare accounts, calculate tax due and submit tax returns.
Things can go wrong if:
2. FAILURE TO ADVISE ON TAX EXEMPTIONS AND RELIEFS
UK tax is complicated. The HMRC tax code runs to over 20,000 pages. There are thousands of exemptions and reliefs for individuals, the self-employed and businesses. Accountants are expected to know the main ones, and if a mistake leads to a client paying more tax than they should, they can be liable.
Key reliefs and exemptions include:
3. BUSINESS VALUATION ERRORS OR AUDIT FAILINGS
Accountants are often required to value businesses or shareholdings for purchasers, investors or existing shareholders. If valuations are done negligently or without proper information, this can lead to losses.
4. MISSED DEADLINES
There are strict time limits for filing personal and company tax returns and paying tax.
A £100 penalty applies if a personal tax return is up to 28 days late. Further penalties and interest follow if returns or tax remain unpaid. If your accountant misses deadlines and this causes penalties and interest, they may be liable.
5. TAX AVOIDANCE SCHEMES
Tax avoidance means using allowances, reliefs and exemptions to lawfully reduce a tax bill. This differs from tax evasion, which refers to submitting false information intended to reduce a tax bill and which is illegal.
Some accountants have historically recommended convoluted schemes to lower tax bills. These often required HMRC approval, but after the General Anti-Abuse Rule in 2013, such schemes are now rare. If HMRC later deems the scheme unlawful, the client may face late payment penalties and interest. In such cases, there may be a claim against the accountant for negligent advice.
See if your case qualifies – Speak to a specialist today.
To be successful in a claim against an accountant, it is not enough that they just made a mistake. You must be able to prove negligence.
There are three key legal elements to establishing negligence:
The burden of proof is on the person bringing the claim. The standard of proof is the balance of probabilities – is it more likely than not that the accountant failed to exercise reasonable skill and care, leading to the financial loss?
Many accountant negligence claims require an expert witness (often a forensic accountant) to review documents and give an opinion on whether the work was negligent. If they believe there was negligence, this can provide persuasive evidence for a successful settlement.
Where there is a factual dispute, it is usually addressed by contemporary documents and witness statements.
Not sure if you can prove negligence? Let’s talk it through – free advice.
Mr and Mrs S owned a flat which was classed as a business asset for tax purposes. In the Spring of 2013, they decided to close their business and sell the property. They approached their accountant for advice on the tax implications of taking this course of action.
We understand that negligence victims have already lost money — so we offer a “No Win, No Fee” Agreement.
Speak to our friendly solicitors about your recovery options – No Win, No Fee!
Strict time limits apply for bringing accountant negligence claims, set by the Limitation Act 1977. If a claim cannot be settled and legal proceedings are needed, they must be commenced within 6 years of the negligent conduct complained about. This is the same time limit that applies to breach of contract claims, as engaging an accountant usually involves a contract for their services.
The law allows an exception where the claimant was unaware of the negligence at the time and that it had caused or would cause a later loss. For example, if an incorrect tax return was filed and was only later discovered by HMRC, with tax still owed and interest accruing. In such cases, the time limit for commencing court proceedings is:
When negligence is only discovered later, there is also a 15-year longstop deadline – legal proceedings must begin within 15 years of the negligent act, no matter when it was discovered.
Given these various time limits, if you believe you have suffered as a result of negligent advice or work, it is important to seek legal advice as soon as possible to understand your options and deadlines.
Check if you’re within time to claim – Call for FREE guidance.
There is no upper limit for how much you can seek in an accountant’s negligence claim. The law allows you to claim full restitution – this means being put back in the financial position you would have been in but for the negligence.
You can claim for:
There is a general duty to mitigate losses – this means you must take reasonable steps to keep losses to a minimum where possible. Even if an ongoing loss was caused by negligence, you can’t let losses continue just to increase your claim if you could have reasonably reduced them. For example, if HMRC imposed penalties and interest, you are expected to settle those charges (if you can) rather than allow them to build up.
Find out how much compensation you could be owed – Speak to us today.
Yes, you can. If your accountant owed you a duty of care and their negligent work or advice caused you financial loss, you can bring a claim. You must be able to prove the elements of negligence (see above). Accountants are required by law to have indemnity insurance to cover them for negligence, and generally, their insurer usually handles the claim.
You can report poor service or misconduct to an accountant’s professional body (e.g., ICAEW, ACCA and the Financial Reporting Council). If they gave investment advice, they may also be regulated by the FCA. These professional bodies generally can’t award full compensation for negligence. For this, you will likely need a solicitor to bring a negligence claim against the accountant’s insurers.
An exception: if negligence financial investment advice is involved, you may claim through the Financial Ombudsman Service (FOS) for your losses after first complaining to the accountant.
Yes, if this led to a financial loss (such as HMRC penalties or interest) due to their negligence. Please see above for the elements required to prove negligence. If the mistake was corrected before any loss arose, there is no claim.
Yes, you can. Whether the accountant was freelance, self-employed or a sole trader makes no difference. All qualified accountants who offer this service must have indemnity insurance to cover negligence claims.
Yes. You don’t need to still be a client of the accountant who did the negligent work. As long as you are within the relevant time limits described above, you can still pursue a negligence claim.
You’ll need evidence that the accountant’s work fell below the required standard and caused your loss. A solicitor will help gather this — often requesting documents from the accountant early in the process.
Most claims also involve an expert report from an experienced forensic accountant assessing whether the work was negligent. This expert opinion can be persuasive evidence. If there’s disagreement about what happened, the claim may also rely on contemporary documents and witness statements.
We offer a free, no-obligation consultation to help you understand your legal options. Our experienced team handles professional negligence claims across England and Wales and will provide honest, practical advice from the start.
We take your privacy seriously. All enquiries are treated in confidence.
Get your free case assessment today – no pressure, no commitment.
Tim Wixted
Phone: 0208 877 8700
Email: [email protected]
Contact Tim and get advice on your case!
We recovered millions in compensation for clients affected by professional negligence across legal, financial, property and construction sectors. No Win No Fee. Free Consultation Available.
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