Professional Negligence

Procedure Roll - Relevancy of Pleadings:- This was an action by a developer against chartered surveyors arising out of alleged professional negligence in the preparation of a plan of a plot of ground. The defenders challenged the relevancy of the pursuers' pleadings at debate and sought to have t......

Damages: The drafting of a licence agreement was not sufficiently clear so as to preclude an argument that the counter-party could argue for termination on six month's notice. In respect of the costs incurred in pursuing the successful claim against the terminating party who was now insolvent, the......

A firm of valuers was entitled to summary judgment against the purchasers of a commercial property where the claim was brought outside the primary limitation period and the purchasers had actual or constructive knowledge of a loss in value of the property more than three years before the claim was ......

Solicitors were not in breach of their retainer or negligent in drafting a contract for the sale of commercial premises to a property developer or advising as to the terms of the contract. The sale was subject to planning consent being granted for residential development, such consent to be applied......

For the purposes of s.14A of the Limitation Act 1980 in respect of a claim following the construction of a large, supposedly waterproofed basement room beneath a rear garden, the Claimants had sufficient knowledge of the material facts about the damage when they knew of the serious water penetratio......

The appellant was a paramedic. On 18 April, the appellant gave his colleague a bag full of drugs, which included a quantity of out-of-date diamorphine, some of which were injected by his colleague. When questioned by the competence and conduct committee (the defendant Health Professions Council) it......

The solicitors had advised on a trust settlement. As a result of allegedly negligent advice the settlor had retained a residual interest in the settled property exposing the estate to inheritance tax that could otherwise have been avoided. A claim by the residuary beneficiary of the estate would no......

Causation: The Claimant had been advised by his legal advisers that the prospects of a full recovery on his construction of an agreement were unlikely. On receipt of the Defence, the Claimant was advised to compromise the proceedings. The Claimant elected to continue on his own as a litigant in per......

The claimant had wanted to invest the proceeds of the sale of his home while he searched for a new property. He told his financial adviser that he wanted ready access to his money. He did not want any risk to his capital. He was advised to invest in an insurance-based bond on the basis that this wa......

Where the guarantor of a company loan from a bank was also the company's main shareholder and sole director and on the facts did not believe the audited accounts, the fact that they were negligently prepared and grossly overstated the company's profits and the company was subsequently liquidate......

In this action S. sought damages on behalf of her son, J. in respect of negligence in the management of the delivery of J. J. who is now 9 years of age suffers from cerebral palsy and is severely disabled. The action was settled extra-judicially on the basis of payment to the pursuer of a sum of ......

In this action, the pursuers (who were the successors to the rights and claims of Girobank plc) sued the defenders for breach of contract. The defenders were chartered surveyors, who had provided Girobank with a valuation report in respect of certain properties in October 2001. The pursuers argued ......

In assessing quantum where the second defendant had been in breach of duty and not advised the potential purchaser of the planning implications of a property being divided and inhabited by two parties on sale, issues arose as to the assessment of quantum. The correct method of assessment was the no......

The proposition that a surveyor owed a duty of care to a mortgagor to prepare his or her valuation report with skill and care did not extend to a purchaser of a buy-to-let property. ......

The Appellant was appealing against a decision made by the Fitness to Practice Panel (FTPP) under s.40 of the Medical Act 1983. He was suspended for 12 months after a finding of dishonest and misconduct. Notwithstanding that the reasoning put forward by the FTPP was wrong; the Court held that the F......