Professional Negligence

An engineering firm appealed against a decision on a preliminary issue that the director had employed them in a personal capacity rather than as agent for his company. Where the identity of a contracting party was unclear from a written contract it was legitimate for the court to consider what the ......

The claim was brought by barristers against a former client who had set up two websites on which two articles were published making criticisms of their conduct of his case and alleging that they were corrupt. The barristers were entitled to summary judgment in a libel claim where false allegations ......

The Court of Appeal considered the proper measure of damages for property owners who have suffered damages as a result of negligent design and construction of piling supporting their homes. Some piles settled causing significant cracking which while not structural was sufficiently serious to ren......

The shareholders and former directors of a hotel company wished to pursue an action in conspiracy on behalf of the company against its financiers and accountants. Successful at first instance their complaints against their solicitors in respect of the handling of their appeal and in particular for ......

The Claimant obtained permission to appeal. The Court of Appeal referred at the behest of the defendant solicitors that the trial judge determine a further question the result of which was that the appeal stood no prospect of success. The Claimant then sought to amend its grounds of appeal on the b......

It was inappropriate to pursue different firms of solicitors under a Group Litigation Order when the issues arising against each firm were patently different. ......

Where a solicitors' firm had breached its retainer in two minor respects, it was entitled to recover its fees for services undertaken in connection with her matrimonial affairs because those breaches had not caused the client to suffer any loss. ......

The doctor was not liable for failing to diagnose a subarachnoid haemorrhage because the key symptoms were not present. Although the doctor had failed to ask the patient the relevant questions there was insufficient evidence to show that had he asked that the answers would have been such as to requ......

Causation: In proceedings arising out of a mistakenly high strength of a prescription drug, the dispensing pharmacist should have been put on notice of the significant increase in the dosage from the pharmacy's own records and should have checked with the prescribing doctor. However that breach of ......

A successful Iranian businessman sought damages from his former accountants following a failure to advise him about his non-domicile status and the possibility of tax efficient means of dealing with the sale of a business by way of a bearer warrant scheme thereby avoiding the substantial capital ga......

A surveyor employed by the Bank instructed to carry out a visual inspection only was not negligent in failing to recommend a structural engineer's report in circumstances where had had no suspicion that there were hidden defects. It was unrealistic to suggest a valuer recommend a full structura......

Debate:- In this action, the pursuers sought damages in respect of alleged professional negligence by the defenders, a firm of solicitors, whom, it is claimed, negligently omitted to incorporate certain terms into a sale and purchase agreement and a related contract of service. The contract givin......

Even the most seasoned investor should seek professional legal advice before pursuing a new investment. Whilst a deal may look tempting at first glance, it is vital that you uncover any nasty surprises lurking in the legal language of the transaction documentation. An experienced lawyer can save yo......

The Claimant brought proceedings against her husband's insolvency practitioners on the basis that they owed her a duty of care as a result of representations made. The court found that the representations relied upon had not been made. ......

Allegations against a dentist's misuse of dental instruments for personal hygiene while vague in respect of the charges were clear in terms of the behaviour alleged. As even isolated instances would have been unacceptable. A fair hearing was still possible. Issues of delay and lack of specificity a......

In a case involving allegations of professional negligence, the defendant was entitled to indemnity costs where the claimants' unwillingness to accept an amount offered in settlement by the defendants equivalent to an amount offered by the claimants only a few days before. ......

Where a party required further investigations to determine whether or not a claim for professional negligence could be properly particularised and the solicitors for the Claimants had acted responsibly in their investigations then it was appropriate to extend the time for service of the claim form ......

Accountants were retained to provide tax advice on a bonus scheme. The Deputy Master granted summary judgment on the basis that the claim was time-barred. Following permission to appeal on paper the appeal was refused. Assuming in 2003 they should have advised that there was a material change in......

Clinical Negligence. Once the decision to deliver by emergency Caesarean section had been taken, the hospital owed a duty of care to deliver the Claimant as quickly as possible with the aim of delivering him within 30 minutes in accordance with the guidelines. Where the Defendant had provided no ......

Solicitors. The Defendant solicitors were alleged to have failed to have identified and advised in respect of the validity of trust appointment documents by previous advisers and the consequential income and capital gains tax. The Court determined as preliminary issues whether the trustees were r......