Professional Negligence

Summary Judgment. The Claimant instructed two firms of solicitors in succession. Both failed to issue proceedings within the relevant time period for personal injuries arising out of a near fatal road traffic accident. It was appropriate despite the possible dispute of fact in respect of the caus......

Professional Conduct: The medical practitioner had previously been registered as a doctor with the Irish Medical Council where he had been requested to prepare a medical report. He agreed to do so and accepted payment. No report was prepared. The medical practitioner did not respond to the complai......

A dispute arose in respect of an ISDA swap arrangement entered in to between the parties with an exclusive English law and forum jurisdiction clause. The swap agreement had gone against the Defendant. The Defendant had brought proceedings in China against the Morgan Stanley affiliate as well as the......

The question of whether the break costs of interest rate swaps were recoverable by a lender from surveyors following alleged negligent valuations of commercial properties against which the properties were secured should be determined at trial with the benefit of expert evidence on the hedging of lo......

A mortgage lender who advanced loans for the purchase of a property where the purchaser later transpired to be a director and shareholder of the vendor brought proceedings against the solicitors engaged in the transaction based on claims in contract and negligence. Permission to amend the pleadings......

A mortgage lender was entitled to the return of mortgage moneys that a firm of solicitors had paid to fraudsters in breach of the terms of its instructions. The claim was advanced on the basis of breach of trust, breach of contract and in tort. The conduct of the principal indicated that he had lit......

Medical Negligence/Standard of Care/Treatment Options/Clinical Judgement Other than in extreme cases, the stage at which it is necessary to consider other treatment options following a course of conservative treatment is within the bounds of clinical judgement. The pursuer averred that ......

Proof:- In this personal injury action the pursuer sought reparation, as the mother and guardian of her son, Sam Montgomery, from the defenders following complications at the birth of her son on 1 October 1999. Quantum was agreed at £5.25million pounds and the only issue at proof was liability......

In a lender's claim against valuers who had fraudulently overstated the value of the property and against solicitors who had acted on the lender's behalf in respect of the security for the loans, the solicitors compromised their claim. The solicitors were entitled in their contribution claim ag......

In proceedings brought against the adviser from the Citizens Advice Bureau who had assisted him in employment proceedings, the Claimant was granted permission for a second appeal to in respect of the strike out of his claim for abuse of process. Although the Employment Appeal Court had considered w......

In the context of amending service contracts, solicitors were instructed on behalf of the remuneration committee by one of the directors whose service contract was among those being amended to include a bonus provision in the event of a successful refinancing of the company. The company then allege......

This is an Outer House case in which Northern Rock sought damages from the solicitor of one of its customers. Headway Caledonian Ltd borrowed sums to finance the purchase of a Business Park in Hamilton. In return it granted a standard security in favour of Northern Rock. Some years later, Headway&#......

The Court of Appeal held that in a professional negligence claim by a property owner against solicitors who had been instructed in respect of a fraudulent transfer of his property, the cause of action accrued when the fraudulent transfer was completed, not when it was registered. The property owner......

A consultant could not rely on the contributory negligence of a contractor to whom its appointment had been novated in a claim by beneficiaries of a collateral warranty executed by the consultant. ......

Two brothers built up a pharmacy business. A dispute arose as to the ownership of the assets. In 2004 they instructed solicitors to sell five pharmacies and retain the net proceeds in an interest-earning client account until further instruction. A compromise of the dispute between the brothers was ......

In proceedings against a firm of solicitors it was alleged that the solicitors had failed properly to advise the Claimant in respect of a transaction where she effectively lost the interest in her home and certain endowment policies, shares and pensions. When her husband had been accused of obtaini......

We are pleased to welcome Anis Waiz, Partner at Mohindra Maini LLP as he writes a comprehensive case note on the recent Padden v Bevan Ashford Solicitors decision. Introduction First let me wish you all a very happy and peaceful new year. Continuing with my blogs on current ca......

Solicitors retained to assist in the administration of an estate were instructed to sell a property within the estate and another property belonging to the administrators. A legal executive working for the solicitors also had a business as a property developer through a separate company. That compa......

Imputed Knowledge: A chartered surveyor employed to manage a building showing visible signs of deterioration refused to inspect it, but advised the owner to employ a building contractor to carry out an inspection. The Claimant, injured as a consequence of the subsequent deterioration succeeded i......

Toulson J held that it was wrong in law and practice to make unsupported allegations of professional negligence. As such, Toulson J struck out proposed amendments to a defence and counterclaim which purported to raise allegations of professional negligence. In breach of CPR r. 16.4(1)(a), such amen......

In assessing the market valuation of a property, evidence based on sales evidence taken from comparable properties on the Land Registry at the time immediately before the contested valuation was to be preferred to evidence based upon the application of a price per square metre to the floor area of ......