Negligence

Where allegations of professional negligence had been made in earlier proceedings which were stayed a second action should be struck out for abuse of process. ......

Following a CMC in a professional negligence action against surveyors for mortgage valuations brought by way of an assignment there was a delay in drawing up the order of the court because one party sought to include in the order matters that had not been directed by the court and were at variance ......

Solicitors were retained to draft a limited liability partnership agreement for a business focusing as an executive search consultancy. The agreement was to allow new partners into the partnership and allow one an option to withdraw half its capital contribution within a period following commenceme......

An architect's firm had fallen below the expected standard in failing to ensure that in renovating a house, a contractor had installed waterproofing, flooring and mechanical services and electrical installations without defects. The homeowners were entitled to recover damages for rectifying the......

An architect's firm had fallen below the expected standard in failing to ensure that in renovating a house, a contractor had installed waterproofing, flooring and mechanical services and electrical installations without defects. The homeowners were entitled to recover damages for rectifying the......

Medical. The Defendant surgeon performed unsucessful reconstructive surgery on one of the Claimant's players. The advice to go down that route was negligent. On a preliminary issue to determine whether there was any duty to the club as opposed to the player, the Court found that despite paying th......

In an action against building contractors for the foundations of a property subsequently damaged by tree roots, the contractors admitted during the pre-action process and in the Defence that they were the designers of the foundations. Subsequently the contractors applied to amend their defence on ......

Where two drivers drove in tandem at excessive speeds a duty of care was owed by the second driver not just to the leading driver but also to those that might reasonably be affected by the second driver's actions. ......

The professional conduct rules governing solicitors may well not create a private law right actionable at the suit of a client. ......

Duty: Solicitors acting for a building society alone in respect of a mortgage had not owed a duty to a joint-tenant in respect of a forged signature put forward by her co joint- tenant. On the facts there had been nothing to give rise to any suspicion that there was a forgery. There was no causa......

The judge had been entitled to conclude that the negligent dispensing of the wrong contraceptive pill had not caused or materially contributed to the contraceptive failure and subsequent pregnancy of the Claimant. The case was not one in which the exception to the “but for” test identif......

The finding that a negligent delay by a GP in referring a child to hospital was not causative of permanent injuries because of a subsequent delay in diagnosis at the hospital was wrong on the law and the facts. The GP's negligence was a causative factor in the infant's permanent injury. ......

An action concerning the scope of a solicitor's authority to act in a conveyancing transaction. The pursuers sought damages on the grounds that their solicitors accepted a qualified acceptance on their behalf without instruction. The issues were first, whether or not there had been a breach of ......

A claim against insurance brokers for an alleged failure to notify insurers of the need to suspend a condition on a jewellery clause was dismissed because the letter of instruction was never sent and the documents produced to the court had been fabricated. ......

Professional Conduct: It was inappropriate to strike a solicitor off the roll where he had failed to comply with undertakings to register charges on property on the behalf of mortgage lenders and his only previous misconduct had been an offence of incorrectly holding funds in an office account and ......

Under the New Roads and Street Works Act 1991 s.82 if a statutory undertaker caused or required damage to apparatus belonging to another person in the course of street repairs, whoever it was that actually did the work that constituted the damage, the statutory undertaker had to pay for the making ......

After judgment finding that some of the Defendants were liable for breach of fiduciary duty and others for conspiracy or dishonest assistance in breach of a fiduciary duty the Court made a number of findings related to consequential orders distinguishing between those liable for breach of fiduciar......

Causation: In an action for damages against her general practitioner the Claimant alleged that he should have immediately referred her to an orthopaedic surgeon for an appointment that day rather than providing a standard written referral. In considering the issue of whether the general practitione......