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Negligence

Negligence claims & legal advice on claiming negligence cases sustained in the UK.

Raleys Solicitors v Barnaby [2014] EWCA Civ 686 - 21/05/14

The Claimant pursued a claim under the DTI compensation scheme for compensation for exposure to vibration and for vibration white finger. His claim included a claim for loss of services. On advice from his solicitors he abandoned that claim. He subsequently brought a claim for professional negligen......

Re M (A Child) (CA) - 5/7/12

A mother applied for permission to appeal against her child being taken into care. The application was adjourned to be heard with the full appeal. The mother's solicitors obtained an expert report on brittle bones, but had not obtained the court's permission to disclose the case file or the......

Realstone Limited v. Messrs J & E Shepherd & Others [2008] CSOH 31

Procedure Roll - Relevancy of Pleadings:- This was an action by a developer against chartered surveyors arising out of alleged professional negligence in the preparation of a plan of a plot of ground. The defenders challenged the relevancy of the pursuers' pleadings at debate and sought to have t......

Redbus LMDS Ltd. v Jeffrey Green and Russell (a firm) [2006] EWHC 2938 (Ch) (17 November 2006)

Damages: The drafting of a licence agreement was not sufficiently clear so as to preclude an argument that the counter-party could argue for termination on six month's notice. In respect of the costs incurred in pursuing the successful claim against the terminating party who was now insolvent, the......

Regent Leisuretime Ltd. v Amos [2006] EWCA Civ 1184 (21 July 2006)

There was no such thing as a general retainer imposing a duty on a solicitor to consider all aspects of a client's interest whenever the solicitor was consulted. It was important to bear in mind the limits of what would be expected of a solicitor: he was not bound to know all the law, and would be ......

Rehman & Anor v Jones Lang Lasalle [2013] EWHC 1339 (QB) - 22/05/13

A firm of valuers was entitled to summary judgment against the purchasers of a commercial property where the claim was brought outside the primary limitation period and the purchasers had actual or constructive knowledge of a loss in value of the property more than three years before the claim was ......

Rentokil Initial 1927 PLC v Goodman Derrick LLP [2014] EWHC 2994 (Ch) - 12/09/14

Solicitors were not in breach of their retainer or negligent in drafting a contract for the sale of commercial premises to a property developer or advising as to the terms of the contract. The sale was subject to planning consent being granted for residential development, such consent to be applied......

Renwick & Anor v Simon and Michael Brooke Architects & Ors [2011] EWHC 874 (TCC) 05/05/2011

For the purposes of s.14A of the Limitation Act 1980 in respect of a claim following the construction of a large, supposedly waterproofed basement room beneath a rear garden, the Claimants had sufficient knowledge of the material facts about the damage when they knew of the serious water penetratio......

Rice v Health Professions Council QBD 06/05/2011

The appellant was a paramedic. On 18 April, the appellant gave his colleague a bag full of drugs, which included a quantity of out-of-date diamorphine, some of which were injected by his colleague. When questioned by the competence and conduct committee (the defendant Health Professions Council) it......

Richard Allan Sandeman v. The Council of the Law Society of Scotland [2011] CSIH 24

On 29 March 2010 the Scottish Solicitors Discipline Tribunal had found the petitioner guilty of professional misconduct and made an order censuring him, finding him liable for the expenses of the proceedings before it. The petitioner appealed against that decision under section 54 of the Solicitors......

Rind v Theodore Goddard (a firm) & Ors [2008] EWHC 459 (Ch) (11 March 2008)

The solicitors had advised on a trust settlement. As a result of allegedly negligent advice the settlor had retained a residual interest in the settled property exposing the estate to inheritance tax that could otherwise have been avoided. A claim by the residuary beneficiary of the estate would no......

Robinson v (1) Buss Murton LLP & Anr. (QBD) 17/11/06

Causation: The Claimant had been advised by his legal advisers that the prospects of a full recovery on his construction of an agreement were unlikely. On receipt of the Defence, the Claimant was advised to compromise the proceedings. The Claimant elected to continue on his own as a litigant in per......

Royal Devon and Exeter NHS Foundation Trust v Acres [2013] EWHC 652 (QB) - 22/03/13

An appeal against the hourly rate allowed to a personal injury claimant's solicitors for the costs of the action. The issue was whether it was reasonable for the claimant to instruct central London solicitors when the case was closely tied to the south west of England. Held: The test is w......

Rubenstein v HSBC Bank Plc [2012] EWCA Civ 1184 - 12/9/12

The claimant had wanted to invest the proceeds of the sale of his home while he searched for a new property. He told his financial adviser that he wanted ready access to his money. He did not want any risk to his capital. He was advised to invest in an insurance-based bond on the basis that this wa......

Rushmer v Smith (QB) 30/1/09

Where the guarantor of a company loan from a bank was also the company's main shareholder and sole director and on the facts did not believe the audited accounts, the fact that they were negligently prepared and grossly overstated the company's profits and the company was subsequently liquidate......

Russell v Cornwell [2014] EWHC (QB) - 03/04/14

Where a husband transferred his interest in the matrimonial home to his wife in exchange for endowment policies worth less than the property, solicitors advised the wife to obtain a declaration by way of consent order as to her husband's solvency. The husband was unable to provide the declarati......

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