The
professionals who typically concern my practice, as a barrister
and mediator, are architects, engineers, project managers and surveyors.
Traditionally these professionals operate in specialised fields
where precision and success cannot always be achieved in every case
and sometimes success or failure depends upon factors beyond their
control, in matters of fine judgment or great complexity it is difficult
to be right every time.
The
real problem has been devising a standard of performance which
the law will require of the professional and finding a standard
which provides proper protection for the consumer, whilst allowing
for factors such as fine judgment and complexity.
The
solution which has been established is to require that these professionals
should possess a certain minimum degree of competence and that
they should exercise reasonable care in the discharge of their
duties.
In
Greaves and Co. (Contractors) Ltd v. Baynham Meikle and
Partners [1975] 1 WLR.