Professional Negligence

Proof:- In this action the pursuer, the owner of a nursery business, sought damages from the defenders, a firm of chartered surveyors, for an alleged breach of contract and professional negligence arising out of a failure to exercise the standard of skill and care reasonably to be expected from a......

The solicitors advice as to the prospects of success on the construction of the territorial extent of a non-compete clause was while more optimistic than some more cautious solicitors might have given, within the range of opinions that could properly be given. There was no breach of duty in not adv......

Where a client is given positive legal advice as to the prospects of his claim it would be expected that the client relied on that advice in continuing his claim and the evidential burden of disproving a causative effect should shift to the law firm to disprove it. The advice given by the law firm ......

Solicitor and partner Mr Anis Waiz of Mohindra Maini LLP continues his critical review of current case law. This important case arose from a mortgage fraud and facts which are all too familiar to lenders and solicitors. There are a number of key issues as to completion and breach of trust i......

Rylands v Fletcher: Cutting polystyrene blocks with a hot wire machine in factory premises constituted non-natural user of land for the strict liability of Rylands v Fletcher to apply. Further nuisance and negligence were established against the factory owners. Although the landlord was not neglige......

Duty: A NHS Trust did not owe a duty of care to the local authority in respect of the treatment of a patient such that the local authority could recover the costs of care of that patient injured by negligent treatment by that NHS Trust. ......

Jurisdiction. In an action for negligent misstatement based upon the defendant's test certificate of an helicopter engine, the English Court had jurisdiction as for the purposes of Art. 5 (3) of Council Regulation 44/2001 the damage occurred where the certificate was relied upon (England) albeit ......

Professional Conduct: Although the seriousness of a criminal offence measured by the sentence imposed was not necessarily a reliable guide to its gravity in terms of maintaining public confidence in a particular profession, the particular offences of possession of indecent photographs of children ......

Duty of Care. A riding instructor owed a duty to guard against presenting a nervous rider with an unfamiliar situation or circumstance. On the facts of the case there was no danger or appearance of danger on the course that the instructor should have warned about. ......

An agreement for a property development omitted to include a provision for the proceeds of sale to be provided to the company's shareholder. The omission was first discovered 3 years later when the development was to be sold. At that time the development was in negative equity and the value of ......

In this case the pursuers sought reparation from the defenders, a firm of solicitors, in respect of their alleged professional negligence. It was submitted fro the defenders that the pursuer had no relevant averments to exclude the operation of Section 6 of the Prescription and Limitation (Scotland......

The Claimant was a firm of solicitors who had instructed a barrister to provide advice and represent three claimants at the trial of the underlying action. Shortly before trial both solicitors and Counsel became concerned as to whether one of the claimants was capable of providing instructions.......

In an action to recover unpaid fees from its former client in professional negligence proceedings the Claimant solicitors were entitled to summary judgment. That the Master had originally refused the application did not preclude the judge on appeal from conducting a review of the application which ......

Limitation. The Claimant sought damages for personal injuries against a consultant psychiatrist who had reported that he had a moderate degree of post-traumatic stress disorder arising out of the Hillsborough disaster in 1989. Given the prognosis of rapid recovery the Claimant settled his claim fo......

The duty of an accountant to give general tax advice did not include a duty to give advice to the claimant that he was or might be a non-domiciled person and that that status carried with it potentially significant tax advantages. The firm did not specialise in non-domicile tax planning, had not be......

There was nothing in the clinical presentation of a patient to cause a blood specialist to suspect that he was suffering from a rare genetic disorder and there was no breach of duty for failing to treat the patient on that basis. ......

Motion for dismissal:- In this minute the defenders sought dismissal of the action on the basis of inordinate and inexcusable delay on the part of the pursuer in proceeding with the action. The pursuer raised a professional negligence action in 1998 against a consultant gynaecologist and a consul......