Negligence

The Claimants retained a firm of solicitors to advise them as to a property redevelopment between 1998 and 2003. The project overran and incurred significant additional costs. The bank appointed receivers over the Claimant's hotel company's assets and then enforced personal guarantees again......

An application against a trustee in bankruptcy that he pay £200,000 to the estate as loss alleged to have been occasioned by the sale of a property at an undervalue failed. Following proceedings relating to the property the court ordered that it should sold for not less than £650,000. Tha......

Solicitors who acted in various property transactions were not liable to their clients for professional negligence, or for any breach of fiduciary duty or breach of trust. The client's agent had actual or at least ostensible authority to act on behalf of the client. The scope of their retainer did ......

Surveyors: In a case of alleged mortgage fraud, summary judgment was appropriate where the Defendants had not offered a positive case in response to the alleged over valuation and there were no prospects of obtaining any assistance from the individual surveyor involved. ......

Action for damages for professional negligence. Advice, on an investment, had been given to the pursuers by a finance planning manager employed by the defenders. The investment amounted to one million pounds. The advice was to invest in Clerical Medical Premier Offshore with Profits Bond. Disputed,......

Solicitors had been in breach of duty in not advising a client not to complete a loan to an acquaintance on the security of shares without seeing a copy of the company's register of members and a share certificate recording ownership by the acquaintance of the shares. ......

The firm of solicitors had advised the claimant in connection with the dissolution of a partnership with her former husband in a road haulage business. It was alleged that the firm had failed to advise her to effect the immediate dissolution of the partnership and to avoid or limit her future li......

Causation. The defendant solicitors were blamed for an alleged failure to take steps in an action against architects arising out of flood damage. On an appplication to strike out the claim, the court at first instance held that with the exception of one claim there was no value to the claimant's......

In considering the valuation of a loss of a chance arising out of the alleged professional negligence of a lawyer it was appropriate to consider the laws as it had been found to be subsequently rather than looking at the incorrect perception of the law at the time. ......

An auction house had not been negligent in appraising a gold chain, known as the Coleridge collar, as having been made in the late 17th century. However the advice as to the appropriate sale price for a private sale of £35,000 was reached in breach of its own sales' practice and while not ......

A housing association brought a claim against housing consultants for alleged negligent advice in respect of the transfer to it of the social housing stock of the local authority. The claim failed. ......

A limited liability partnership that had suffered loss as a result of a valuation company's alleged negligent advice as to value of a property was permitted to include a claim for the actual net loss that it had suffered. Although there was no diminution in value claim it was arguable that ther......

Medical. On the basis of the general practitioner's records it appeared that she had given proper advice. The hospital that had requested the claimant to be treated for the STD was in breach of duty for failing to have the claimant's mother retested. The expert evidence and the facts meant that......

Procedure: Under CPR 17.4.2, determining whether a new claim arose out of substantially the same facts was a matter of impression to be derived from a reasoned assessment of the relevant factors. A continuing retainer was relevant in considering the introduction of a new claim arising out of ......

Claims by the shareholders and directors of a company bringing a claim in respect of sub-lease were struck out on the basis that there was no interest proprietary or otherwise disclosed in their pleading. Claims by the company against Newham for nuisance were struck out because they related to aspe......

In proceedings against accountants in respect of tax advice as to the issue of dividends, a new cause of action based on a personal contractual retainer was permitted to be brought after the expiry of the limitation period as it arose out of the same or substantially the same facts as the pleaded c......

Proof - Professional Negligence:- The pursuer, a 51 year old man, was married in 1980 and he and his wife had four children. Following the birth of their fourth child in 1995 the pursuer decided to have a vasectomy. On 7 May 1996 he attended the Family Planning and Well Woman Clinic at 18 Dean Te......

Proof - Professional Negligence:- The pursuer, a 51 year old man, was married in 1980 and he and his wife had four children. Following the birth of their fourth child in 1995 the pursuer decided to have a vasectomy. On 7 May 1996 he attended the Family Planning and Well Woman Clinic at 18 Dean Te......

This is an appeal by a firm of solicitors against damages ordered for professional negligence. It was claimed that the firm had acted negligently in the conduct of a dispute concerning restrictive covenants. It was held unanimously that the cost of injunction proceedings to enforce a cessation of t......

The pursuer became a client of the defenders in July 2000. The defenders were a firm of independent financial advisers. At the time of engaging the defenders' services, the pursuer sought to review his pension provision. After the pursuer's investments were not as successful as was originally hoped......

A solicitor should consider at the outset whether or not a client might be eligible for legal aid. It was wrong for a firm to incur fees on a private basis and then to recommend that the client transfer to a legal aid firm as to the transfer to another firm after advice had been given and a relati......

A solicitor should consider at the outset whether or not a client might be eligible for legal aid. It was wrong for a firm to incur fees on a private basis and then to recommend that the client transfer to a legal aid firm as to the transfer to another firm after advice had been given and a relati......