Professional Negligence

A solicitor who had acted for an impecunious claimant under a conditional fee agreement where there was no after the event insurance policy in place and who also agreed to fund disbursements necessary to allow the proceedings to continue was not without more liable to be the subject of a non-party ......

A bank loan was securitised along with a tranche of other loans and sold to the Claimant, who in turn issued floating rate notes to investors. The issue was whether the Claimant could bring a claim against the valuation company instructed by the bank in making the original loan for an alleged negli......

The pursuers sought recovery of £87,831.11, a sum due to them in professional fees and outlays for their legal services, provided to the defenders over the period 1986 to 1994. The defenders disputed the pursuers' entitlement to the sum claimed for, on three main grounds. First, the defenders ......

A firm of architects was in breach of contractual duties owed to a museum in failing to design or procure the design of steps, seats and terraces which were architectural features within its sphere of contractual responsibility. ......

After allegations of sexual impropriety made by patients against a general practitioner the General Medical Council determined that he had a case to answer. The general practitioner asserted that insufficient evidence had been adduced in respect of the allegations to find the facts proven. The ......

The claimant mother gave birth to a baby with Down's Syndrome and brought a claim against the defendant general practitioner (GP). The claimant mother had medical treatment in Turkey for kidney trouble and during that time she had a triple test which showed positive and revealed that her baby w......

In October 2007, Mr Varley, a registered osteopath, was convicted and sentenced in respect of an offence of incitement to supply a Class B drug. The facts supporting the conviction were that the Mr Varley had incited his osteopathy patients to join him in creating amphetamine for sale as slimming p......

Vicarious Liability: The long-standing assumption that dual vicarious liability could not exist was incorrect. More than one employer can be vicariously liable for the negligence of a single employee. Each situation will depend upon a close examination of the facts. In respect of contribution betwe......

Advice on Settlement. On the morning of the first day of a personal injury trial, having assessed the Claimant's likely performance in the witness box, Leading Counsel advised the Claimant to accept the monies that had already been offered. A moderately higher offer was obtained from the Defenda......

Professional Conduct: Where a vet with an otherwise unblemished record had backdated the entries of two vaccinations by 14 days or less to save the animals having to recommence a vaccination programme the punishment of removal from the register was disproportionate in the absence of personal gain ......

In a claim for wrongful advice in respect of a building agreement, the claimants would if properly advised have had the chance to negotiate a better agreement. That chance was an immediate loss once the agreement was entered in to leading to a completed cause of action against the solicitors. There......

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 ......

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 ......