Professional Negligence

Financial Advisers: The date of loss for limitation purposes in an action arising out of negligent advice to transfer benefits under an occupational pension scheme to a personal pension fund withdrawal scheme was suffered immediately on the transfer of benefits. The transfer did not involve a conti......

The Claimants had employed the Defendant solicitors in assisting them in respect of an application for registration to carry out various medical procedures under local and general anaesthetic. It was accepted that the solicitors were in breach of duty in failing to lodge the appeal in time. The co......

Damages: In a claim against her primary and secondary school it was determined that general damages could be awarded for the frustration, loss of self-confidence and loss of self-esteem resulting from the failure of a school and local authority to identify and ameliorate the effects of dyslexia and......

A tribunal had been entitled to find that an accountant's preparation of a taxpayer's accounts had constituted negligent conduct when considering an appeal against assessments raised in reliance on the Taxes Management Act 1970. ......

Breach of Duty. Where surgeons had caused injury to the Claimant during a radical hysterectomy operation, their employer was not liable as the damage caused was a recognised risk of the surgery albeit less than 1% and 5%, respectively, and the expert evidence did not conclude on such facts as wer......

A property developer sought a valuation only after contracts had been exchanged on a number of properties. An offer of finance was obtained which was in turn subject to a valuation. The surveyors provided a valuation, but then withdrew it, because they alleged that the developer had inflated the ov......

Where a law firm acting for an opponent in litigation had come in to possession of privileged material and some of it had been reviewed, in deciding whether that firm could continue to act the first question for the Court was whether there was a real risk that information in the documents over whic......

Investors entered into agreements with a brokerage under which the brokerage was to enter into contracts for difference with a third party. Instead of placing the investors' trades as their agent, the brokerage placed matching trades under a contract that provided that both parties would deal w......

Solicitors were retained to act in connection with a development and sale of properties in Bolton. The Claimant entered into a development agreement with the landowners. The development might encroach on adjoining land owned by the local authority to which the Claimant believed it held possessory ......

Following a routine knee operation the Claimant died after swallowing his own vomit. The allegation that the nursing staff had been negligent not to assess his consciousness in the morning was held not to be negligent. Although the preferred expert had not come across this particular event before,......

Where a law firm advising on corporate and tax matters was sent an email in respect of a corporate matter and the preceding email chain accompanying the email referred to a medical procedure that alone was not sufficient to put the law firm under a duty to advise as to the possibility of an inherit......

In a claim for accountancy fees for preparation of statutory accounts, the firm agreed a fixed fee subject to the accounts and supporting documents of the company being in good order. They were not. The firm raised a fee invoice based on its standard charge out rates on a time basis. The Court of A......

A partner whose responsibilities included the notification of potential claims to insurers under the provisions of professional indemnity insurance was required to act with reasonable care and skill judged by an objective standard. The personal belief that a third party claim was spurious was insuf......

Where the foundation of a professional negligence action rested on a challenge of the findings of fact in an earlier case between the protagonist and a third party in which the defendant had participated as a witness and as solicitor for one of the parties then it should be struck out as an abuse ......

Where solicitors were negotiating a compromise and one party made an offer to compromise at a greater figure than that which had previously been offered by the other party but through mistake had not yet been received by the present offeror, there was no duty to advise of the earlier offer. Consequ......

The solicitors did not owe an implied duty to advise commercially experienced and advised of the possibility of seeking guarantees from the parent companies of a start-up venture. ......

In this case the pursuers sued a firm of solicitors for breach of contract and negligence. The main question here was whether the claim had prescribed by virtue of section 6 of the Prescription and Limitation (Scotland) Act 1973. The defenders argued that any obligation upon them had prescribed sin......

In a Part 8 Claim for professional negligence against a GP a Part 36 Offer was made and accepted following exchange of pre-action correspondence. The question arose as to whether CPR 36.10 applied to costs incurred pre-issue. By contrast to CPR 36.3, CPR 36.10 applied to pre-issue costs as much as ......

There was no duty on auctioneers who held on reasonable grounds a certain and definite opinion as to the provenance of an item offered for sale to qualify a description in the catalogue as any alternative would be fanciful rather than real. ......