In proceedings against a firm of solicitors it was alleged that the solicitors had failed properly to advise the Claimant in respect of a transaction where she effectively lost the interest in her home and certain endowment policies, shares and pensions. When her husband had been accused of obtaini......

We are pleased to welcome Anis Waiz, Partner at Mohindra Maini LLP as he writes a comprehensive case note on the recent Padden v Bevan Ashford Solicitors decision. Introduction First let me wish you all a very happy and peaceful new year. Continuing with my blogs on current ca......

Failure to provide appropriate court fee meant claim submitted for issue on last possible day was not "brought" within the relevant limitation period. C claimed against D, their former solicitors, for secret profits. The issue was whether the claim had been "brought" within six years for the pur......

Solicitors retained to assist in the administration of an estate were instructed to sell a property within the estate and another property belonging to the administrators. A legal executive working for the solicitors also had a business as a property developer through a separate company. That compa......

Reasonable foreseeability of psychiatric injury. The trial judge been entitled to hold, on the evidence, that psychiatric injury suffered by an employee had not been reasonably foreseeable by the employer. The judge had had the essential factual issues, and the evidence relating to them, well in m......

School's Lunch-time Supervision Provisions Were Inadequate:The Court of Appeal held that a School had been negligent in only having one dinner lady supervisor, who was responsible for over 150 pupils in years 7 and 8 and only had the chance to glance occasionally at years 9 and 10. Given that the p......

Insurance Company Personally Liable for Costs of Claim: The Court of Appeal held that, as the appellant insurance company had funded, controlled and directed the defence of a personal injury claim in its own interest, even where that interest did not coincide with the interest of its insured, it wa......

Claimant's Damages Reduced by 15% Due to Her Failing to Wear a Seatbelt:Judge Richard Seymour held that the Claimant's damages should be reduced by 15% on account of her contributory negligence in failing to wear a seatbelt. The Judge rejected the Claimant's argument that it was an inevitable concl......

Imputed Knowledge: A chartered surveyor employed to manage a building showing visible signs of deterioration refused to inspect it, but advised the owner to employ a building contractor to carry out an inspection. The Claimant, injured as a consequence of the subsequent deterioration succeeded i......

Appeal against an order for security for the claimant's costs in relation to the defendant's counterclaim for damages for professional negligence in a dispute as to outstanding fees. Held: Whether it is just to make an order for security is determined according to the circumstances of t......

Toulson J held that it was wrong in law and practice to make unsupported allegations of professional negligence. As such, Toulson J struck out proposed amendments to a defence and counterclaim which purported to raise allegations of professional negligence. In breach of CPR r. 16.4(1)(a), such amen......

The Claimant was a 13 year old boy who was injured in a road traffic accident. The Defendant was driving through a residential area past a parade of shops. The Claimant threw something at one of his friends and immediately ran across the road into the Defendant's path. He was hit and suffered s......

In assessing the market valuation of a property, evidence based on sales evidence taken from comparable properties on the Land Registry at the time immediately before the contested valuation was to be preferred to evidence based upon the application of a price per square metre to the floor area of ......

The Claimants sought to recover their wasted costs expenditure in their unsuccessful attempt to acquire Leicester City Football Club. The Claimants' case was that they had retained the Defendants on the basis of assurances from one of its partners that it would be able to obtain funding and pro......

Tour Operator Not In Breach Of Duty Of Care To Holidaymakers Using Toboggan Run operated by Local Company:The Court of Appeal held that Judge had not erred in dismissing the Claimant's claim against the Defendant tour operator for personal injury sustained on a toboggan run operated by a third part......

A claimant who had suffered traumatic brain injury at the age of 30 and required a 24-hour care package for the rest of his life, was entitled to the cost of video telephone call charges at current prices. In the absence of evidence as to what was likely to happen to charging rates for this relativ......

Pateson, the pursuer, sustained a severe injury to his right ankle when he fell from a ladder at work. At the time of injury and during the proceedings he was employed by Tilly Confectionery, a company founded by his parents. He claimed against the company and both his parents for negligence and br......

Personal Injury - Proof:- In the case the pursuer, a consultant orthopaedic surgeon, sought damages for a severe injury to her right knee when she collided with the defender's labrador whilst she was walking her golden retriever in a field near the village of Wellbank on 14 March 2005. In the cas......

Reclaiming Motion:- On 14 March 2005, the pursuer went for a walk with her golden retriever near Dundee. The defender was also in the field with his black Labrador. Both dogs were off the lead and were running around together, however, the pursuer, on calling for her own dog, both dogs ran toward......

Where a soldier had sustained a non-freezing injury to his feet after undertaking cold weather survival training, his injury could not be regarded as a "disease" within the meaning of CPR Part so as to attract a higher success fee. It was held that as a matter of ordinary everyday language, a no......

Jurisdiction – Inquest without Jury:Rulings that the inquests into the deaths of Diana Princess of Wales and Dodi Al Fayed were to be conducted by the coroner as deputy coroner of the Queen's household sitting without a jury were flawed and would be quashed. ......

Kyle McKenzie (12) suffered from cerebral palsy which was caused by events at his birth in 1994. The proof here related solely to the timing of the events that caused that condition the defenders having lodged a Minute of Admission of Liability in the terms:- "...the defenders hereby admit liabilit......

The pursuers were a retailing company whose business premises were flooded in 2001 when a mains water connection failed. According to the pursuers, that failure and the resulting loss and damage were caused by breach of contract on the part of the defenders who had carried out shop-fitting works,an......

Architects owed a duty of care to occupiers of premises in respect of latent defects in a gutter drainage system despite a previous flood having occurred as a result of the same defect. The decision in Baxall & Norbain v Sheard & Ors [2002] BLR 100 is authority for one or other of the following pri......