Negligence

In this action, the pursuers (who were the successors to the rights and claims of Girobank plc) sued the defenders for breach of contract. The defenders were chartered surveyors, who had provided Girobank with a valuation report in respect of certain properties in October 2001. The pursuers argued ......

In assessing quantum where the second defendant had been in breach of duty and not advised the potential purchaser of the planning implications of a property being divided and inhabited by two parties on sale, issues arose as to the assessment of quantum. The correct method of assessment was the no......

The proposition that a surveyor owed a duty of care to a mortgagor to prepare his or her valuation report with skill and care did not extend to a purchaser of a buy-to-let property. ......

The Appellant was appealing against a decision made by the Fitness to Practice Panel (FTPP) under s.40 of the Medical Act 1983. He was suspended for 12 months after a finding of dishonest and misconduct. Notwithstanding that the reasoning put forward by the FTPP was wrong; the Court held that the F......

Pardons and Transferred Prisoners An English soccer fan, S, who had been in Bulgaria to watch a game, was convicted of attempted murder and sentenced to prison: but another man, G, made a signed confession to the offence from the UK. The Bulgarian courts rejected an appeal on the basis of G's c......

Financial Advisers: The date of loss for limitation purposes in an action arising out of negligent advice to transfer benefits under an occupational pension scheme to a personal pension fund withdrawal scheme was suffered immediately on the transfer of benefits. The transfer did not involve a conti......

The Claimants had employed the Defendant solicitors in assisting them in respect of an application for registration to carry out various medical procedures under local and general anaesthetic. It was accepted that the solicitors were in breach of duty in failing to lodge the appeal in time. The co......

Damages: In a claim against her primary and secondary school it was determined that general damages could be awarded for the frustration, loss of self-confidence and loss of self-esteem resulting from the failure of a school and local authority to identify and ameliorate the effects of dyslexia and......

The judge and the Court of Appeal of the Cayman Islands had been justified in holding that the appellant was solely to blame for a road traffic accident in which his car collided with the respondent's car, and in finding that the physical evidence was not inconsistent with the respondent's version ......

A tribunal had been entitled to find that an accountant's preparation of a taxpayer's accounts had constituted negligent conduct when considering an appeal against assessments raised in reliance on the Taxes Management Act 1970. ......

Breach of Duty. Where surgeons had caused injury to the Claimant during a radical hysterectomy operation, their employer was not liable as the damage caused was a recognised risk of the surgery albeit less than 1% and 5%, respectively, and the expert evidence did not conclude on such facts as wer......

A property developer sought a valuation only after contracts had been exchanged on a number of properties. An offer of finance was obtained which was in turn subject to a valuation. The surveyors provided a valuation, but then withdrew it, because they alleged that the developer had inflated the ov......

A judge had erred in summarily dismissing part of a property investment company's claim in negligence against its solicitors in respect of their advice regarding extensions of the leases of two flats under the Leasehold Reform, Housing and Urban Development Act 1993. Prior to the extension grou......

Where a law firm acting for an opponent in litigation had come in to possession of privileged material and some of it had been reviewed, in deciding whether that firm could continue to act the first question for the Court was whether there was a real risk that information in the documents over whic......

Investors entered into agreements with a brokerage under which the brokerage was to enter into contracts for difference with a third party. Instead of placing the investors' trades as their agent, the brokerage placed matching trades under a contract that provided that both parties would deal w......

Solicitors were retained to act in connection with a development and sale of properties in Bolton. The Claimant entered into a development agreement with the landowners. The development might encroach on adjoining land owned by the local authority to which the Claimant believed it held possessory ......

Following a routine knee operation the Claimant died after swallowing his own vomit. The allegation that the nursing staff had been negligent not to assess his consciousness in the morning was held not to be negligent. Although the preferred expert had not come across this particular event before,......

Where a law firm advising on corporate and tax matters was sent an email in respect of a corporate matter and the preceding email chain accompanying the email referred to a medical procedure that alone was not sufficient to put the law firm under a duty to advise as to the possibility of an inherit......

In a claim for accountancy fees for preparation of statutory accounts, the firm agreed a fixed fee subject to the accounts and supporting documents of the company being in good order. They were not. The firm raised a fee invoice based on its standard charge out rates on a time basis. The Court of A......