Professional Negligence

The report of a Law Society investigation into a solicitors' practice following complaints from several client did not disclose errors or indications of bad faith on the part of the Law Society. There was no real prospect of successfully contending that there had been misfeasance in public office. ......

We are pleased to welcome Anis Waiz, Partner at Mohindra Maini LLP as he continues his critical review of current case law. In this post, Anis considers AIB Group (UK) Plc v Mark Redler & Co (A Firm) [2012] EWHC 35 (Ch) (23 January 2012):- Introduction This is an important case for all......

Duty of Care: A clinician was under a duty to take reasonable care to give a warning that was adequate in scope, content and presentation and to take reasonable and appropriate steps to satisfy themselves that that warning had been understood. This was not a duty to ensure the patient underst......

Before instructing solicitors, the Claimant issued two sets of proceedings. The first was a libel action based on a letter written in February 1998. The claim form was issued in December 2003. The second was a claim for negligent misstatement based on a letter written on 9 March 1998. He issued th......

Clinical Negligence. The Claimant was born with poor respiratory ability. Despite attempts by clinicians to establish a clear airway this was not achieved until a thick plug of mucus was removed from his trachea some 30 minutes after birth. The Claimant had begun to suffer severe and permanent br......

This appeal by the Law Society of Scotland under section 21 of the Legal Profession and Legal Aid (Scotland) Act 2007 against a decision by the Scottish Legal Complaints Commission, concerned whether a complaint made against Mr Alastair Dean, solicitor, of the Alastair Dean Law Practice Ltd was ......

The court summarized the principles for determining whether a lender had suffered any measurable loss following the entry into a transaction as a result of the alleged negligence of a third party.   See also this update from HULT Private Capital. ......

A claim against the party's former legal representatives in respect of an earlier professional negligence action was dismissed on a summary basis. Earlier attempts to appeal the original decision out of time had failed because they were out of time. The Claimants alleged that their barristers were ......

A patent attorney had not given negligent advice to two inventors about an international application for their invention or about buying a US patent which their invention would infringe. ......

Causation: A property acquisition fell through because conditions attached to the mortgage offer could not be met before the date for exchange leading to the loss of deposit and the refusal by the vendor to sell. Having accepted that a breach had arisen by not checking whether the mortgage conditio......

Correspondence was overlooked by the solicitor retained to advised the Claimant in respect of his rights and obligations under a consultant service agreement. The defence allegations that the consultant's employment would have been terminated in any event failed. The actions of the consultant h......

Financial Services: The principle in Chester v Afshar should not be applied generally in claims for negligent financial advice. ......

Duty of Care:The Claimant failed to show that his treating hospital was in breach of duty in failing to seek third party advice failed before employing an intravenous anti-fungal drug failed when there were conflicting medical views and no scientific comparisons of the possible treatments. ......

The SRA received complaints that the two partners in a solicitors firm had each been guilty of conduct unbefitting of a solicitor as they had failed to give sufficient information to clients about costs and funding of claims generally and had accepted referrals of business in breach of the Solicito......

The Claimants issued a claim form and provided a copy of it expressly 'not by way of service' in 2007. The parties then entered in to an agreement to allow an extension of time for service of the Claim Form and the Particulars of Claim terminable on 14 days notice. In 2010 the Claimants purported t......

Summary Judgment. The Claimant and a trust of which he was a beneficiary lost an action in respect of the recovery of certain shares. The Claimant and the Trustees sought to recover the costs incurred and for which they were liable from the original trustee and the legal representatives on the ba......

Procedure Roll:- In this action the pursuer, a solicitor who had been appointed curator bonis of DMF, sought damages from the defenders of £5,000,000 in relation to alleged negligent acts and omissions in 1980 in relation to the birth of DMF on 18 July 1980 when, following her birth by emergen......

Proof:- In 1987 the pursuers purchased a warehouse in a Georgian terrace overlooking Leith Links. The defenders acted for the pursuers in the purchase of the property. By a disposition dated 9 and 29 July 1986, the property was conveyed into the joint names of the pursuers. Certain additional bur......