Negligence

In a professional negligence action against solicitors relating to their handling of a personal injury case the question arose as to when the claimant's cause of action had accrued. It was held that it had accrued on the date that here underlying claim had been settled rather than the earlier d......

The Claimants issued a claim form and provided a copy of it expressly 'not by way of service' in 2007. The parties then entered in to an agreement to allow an extension of time for service of the Claim Form and the Particulars of Claim terminable on 14 days notice. In 2010 the Claimants purported t......

Anis Waiz, solicitor and head of commercial litigation at Curtis Law Solicitors, continues his critical review of current case law. In this case the High Court considered an important issue, namely where a represented party loses mental capacity in the course of proceedings, does such loss of c......

Summary Judgment. The Claimant and a trust of which he was a beneficiary lost an action in respect of the recovery of certain shares. The Claimant and the Trustees sought to recover the costs incurred and for which they were liable from the original trustee and the legal representatives on the ba......

Procedure Roll:- In this action the pursuer, a solicitor who had been appointed curator bonis of DMF, sought damages from the defenders of £5,000,000 in relation to alleged negligent acts and omissions in 1980 in relation to the birth of DMF on 18 July 1980 when, following her birth by emergen......

Proof:- In 1987 the pursuers purchased a warehouse in a Georgian terrace overlooking Leith Links. The defenders acted for the pursuers in the purchase of the property. By a disposition dated 9 and 29 July 1986, the property was conveyed into the joint names of the pursuers. Certain additional bur......

In assessing damages for loss of a chance a court was entitled to assess the amount of damages likely to have been awarded at a notional trial and then discount the sum to take into account uncertainties on the issue of liability. ......

An NHS Trust was liable for injuries inflicted on nursing staff by a patient at a high security hospital where it had not implemented a policy recommended by the Safety and Security in Ashworth, Broadmoor and Rampton Hospitals Directions 2000. Had a risk assessment of the patient been carried out i......

In divorce proceedings the husband became insolvent before a property adjustment order was made. The wife brought proceedings against her solicitors alleging that they had failed to take sufficient steps to advise her of the effect of bankruptcy on her ancillary relief and that she should not defer......

Expert Evidence. In proceedings against a general practitioner who had not diagnosed a condition by questions over the telephone, experts for both parties had agreed that the use of "open" questions was sufficient. The trial judge rejected both experts' evidence and found liability on the basis......

Relief from sanctions was granted where earlier notification would not have altered the defendant's position as regards any potential settlement. Failure to notify in time had no serious or significant adverse effect. ......

A court could not set aside an order striking out a claim in professional negligence against a solicitors' firm where the claimant had failed to address the serious difficulties in his claim and demonstrate that he had a reasonable prospect of success at trial. ......

Eder J held that the defendant surveyors had given negligent advice as to the value and commercial prospects of a factory outlet shopping centre development. Eder J found, inter alia, that the defendant surveyors did not have either the expertise or experience to competently advise as to the develo......

A case concerning the allegedly negligent valuation of a factory outlet centre and the question of what, if any, damages, had been proved to flow from such negligence. Held: It is open to a judge in approaching issues of quantum to identify a figure different to those selected by party appointed......

The claim arose out of the acquisition of a long leasehold interest in a Grade II* listed structure for £62,850,000 in the Chatham Historic Dockyard which was to be converted in to a factory outlet shopping centre. The Defendants had provided advice about the commercial prospects of the invest......

The valuation reports on a company prior to its acquisition were prepared to an appropriate standard. The expert evidence produced by the auditors was reasoned and exonerated them. The judge at first instance had not reasoned his rejection of that evidence which was preferable to that of the claima......

The port operator owed the owners of vessels a duty of care to inspect and regularly dredge its berths and intermittent inspections subject to other operational commitments were not sufficient to discharge that duty. ......