Limitation
A claim against solicitors and actuarial advisers in respect of advice and documentation prepared for a pension scheme provided in the period 1992 to 1995 was commenced by a single claim form. Following issue of the claim form the solicitors agreed to a stay of the claim, but the actuarial advisers refused to agree a stay. The claimant served on the actuarial advisers only a claim form and particulars of claim setting out the claim as against them. Later, and after the 15 year long stop for s. 1 ...
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Ex turpi causa
A claim against an insolvency practitioner for allegedly failing to advise as to the possible criminal consequences of operating the same business under a new name under s. 216 of the Insolvency Act 1986 was not wholly subject to the ex turpi causa doctrine. The rule in Gray v Thames Trains that damages following a conviction are irrecoverable because they are caused by the sentence is limited only to the damages caused by the sentence rather than the conviction generally. The issue of whether o ...
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In assessing damages for a loss of business tenancy arising out of their solicitors’ negligence the relevant amount was based on the market value of the fixed assets and immediate consequential losses. These did not extend to possible profits the business might have produced if the tenancy had been retained nor losses from another business operated at the premises.
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A claim against insurance brokers for an alleged failure to notify insurers of the need to suspend a condition on a jewellery clause was dismissed because the letter of instruction was never sent and the documents produced to the court had been fabricated.
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Lawyers liability
The Claimant’s claim that he was advised to settle claims for possession and a sum due under a guarantee at an under-value were summarily dismissed because the advice given on the prospects of a central plank to his defence was correct and the silk had recognised the merits of the other arguments in advising properly. The allegation that the advice changed significantly was not borne out by the attendance notes. The allegation that the Claimant was faced with an ultimatum to accept a settlement ...
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A claim for professional negligence against an expert witness who had signed a joint statement which did not reflect her true expert opinion accurately was struck out because the Court was bound by the decision in Stanton v Callaghan [2000] QB 75 which provides immunity from suit for expert witnesses on the basis of public policy. The Court rejected the Claimant’s submissions that in light of the House of Lords decision in Hall v Simons or the effect of the coming in to force of the Human Rights ...
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Open and Closed Judgments, Public Interest Immunity and Redacted Court Judgments
The background to this claim is the detention of the applicant, who had been a UK resident, on terrorism charges in the US, potentially capital in nature; he was at Guantanamo Bay, Cuba, but had spent time in various locations, during which time he had apparently made confessions. In the course of proceedings on the criminal charges he sought to withdraw the confessions on the basis that they were induced by torture. He alleged that his detention had been facilitated by the UK’s security service ...
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Pedestrian Hit By Bus Mounting Pavement Not Contributorily Negligent
The Court of Appeal upheld the appellant pedestrian’s appeal against a decision that she was one-third contributorily negligent for an accident that occurred when the rear of a bus, whilst turning a corner, mounted the pavement and collided with her. The Judge below held that notwithstanding that the appellant was standing on a designated pavement area, she was very close to the road and had not kept a proper look out for the bus. Overturning the Judge’s decision, the Court of Appeal held there ...
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Police Officer Negligently Drove Police Car Too Close To Motorcycle To Allow Motorcyclist To Safely Dismount
The Court of Appeal held that whilst it was reasonable for a police officer to use a police vehicle as a means of hindering a suspect’s escape, such vehicle should not be used in a manner or to an extent which would create a risk as to the suspect’s safety. The instant case was not one which could justify taking a risk of injuring the suspect. In circumstances where it was reasonably foreseeable that the suspect motorcyclist would dismount his motorcycle, the Court of Appeal held that the police ...
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Terror suspect anonymity orders lifted where public interest in identificationThe five applicants were individuals subject to orders under terrorism legislation, with various freezing orders in place. All of the individuals had been granted anonymity, despite the identities of at least two being in the public domain. Balancing Articles 8 and 10 of the European Convention, which were both engaged, on the facts, the powerful public interest in identification outweighed the potential negative effec ...
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