Negligence

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......

The continued failure by counsel to meet TCC deadlines contained in the TCC Guide will be met with a tougher response, and is more likely to lead to adjourned hearings and wasted costs orders. If all parties want to keep the trial date, then an application that is left until the PTR will inevitably......

The judge had been correct to reject a claim of negligence against a firm of solicitors in the context of an alleged failure to provide counsel in the ancillary relief matrimonial proceedings as part of the client's updated income figures. The appeal was dismissed as the information would not h......

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......

Appeal against a finding that, in the absence of an express provision in the Insolvency Rules 1986, the court had no jurisdiction to order payment of solicitors' fees for work done in an unsuccessful opposition to a winding up petition as an expense in a company's subsequent out of court ad......

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......

Where a firm of solicitors was instructed by an executive director to draft a new service contract with his company, the solicitors' duty of care to the company required the solicitors to ensure that the finished draft was accompanied by a written explanation to the company in user-friendly lan......

Parties and Background: The pursuer was a businessman who owned several firearms which he stored at his home near Beauly. The defender was the Chief Constable of Northern Constabulary. The defender had revoked the pursuer's firearms certificates under s.30 of the Firearms Act 1968 following a......

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 solicitor acting for a commercial borrower whose negligent misstatement led to the lending bank granting a full rather than partial discharge of security was not liable in damages to the lender following the borrower's insolvency. ......

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......

Failure to provide appropriate court fee meant claim submitted for issue on last possible day was not "brought" within the relevant limitation period. C claimed against D, their former solicitors, for secret profits. The issue was whether the claim had been "brought" within six years for the pur......

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 ......