Negligence

Third appeal against a decision of a National Health Service Tribunal to disqualify the appellant from inclusion in the respondents' list of medical practitioners and ophthalmic opticians, on the ground that the Tribunal were wrong to disqualify him unconditionally. The appellant submitted, int......

A firm, Kerr Stirling LLP, brought an appeal under s. 21, Legal Profession and Legal Aid (Scotland) Act 2007 against a decision of the Scottish Legal Complaints Commission (SLCC) to investigate a complaint against it on the grounds of time bar and procedural fairness. The conduct complained of was ......

Although the patent agent should have advised that there was a possibility of filing an application for a Canadian patent after the deadline on payment of a penalty that failure caused no loss because the claimant would not have made any such application. ......

It was open for the court, after finding that accidental death was possible, to discount the less likely possibility of suicide, thus finding on the balance of probabilities that accidental death had occurred. ......

Outer House case concerning the damages payable as a result of a solicitor's professional negligence. VMH LLP advised Kirkton in relation to the purchase of a site at 144 to 148 Slateford Road in Edinburgh in 2005 from HBJ 590. The site had the benefit of conditional planning permission fo......

Appeal of, among other things, an order requiring a firm, who retained and used money received into their client account from the claimants to settle fees contrary to an assignment, to pay 75% of the claimants' costs. Held: There was no arguable basis for a challenge to the costs order. The ......

Effect of Human Rights Act 1998 and ECHR 1950 Art 8 and the principle in JD v East Berkshire Community NHS Trust (2005) UKHL 23, (2005) 2 AC 373. The policy consideration underlying the principle in JD v East Berkshire Community NHS Trust (2005) UKHL 23 , (2005) 2 AC 373, that doctors or social w......

The alleged failure to advise an administrator of an estate that if he made a distribution from the estate that he would be potentially liable to any claim of which he had notice before the distribution constituted damage for the purposes of the Limitation Act 1980 from the moment of the distributi......

Limitation Period In Professional Negligence Claim Ran From The Date Of Payment Out Of The Estate's Account The Court of Appeal held that the personal representative's professional negligence claim had been bought out of time in circumstances where it had been issued more than 6 years after......

Solicitors acting in a professional negligence action in a claim against their client's former accountants were said to have provided excessively cautious advice leading to too low a settlement. The solicitors' defence was that they had relied on leading counsel's advice and counterclai......

In cases of child protection, social workers did not owe a duty of care to the parents of children wrongfully taken in to care. Such a duty of care could conflict with the primary duty owed to the children. The right to freedom from interference with family life under the Human Rights Act did not ......

Solicitor and partner Mr Anis Waiz of Mohindra Maini LLP continues his critical review of current case law. This is a case of crucial importance to all lawyers and a valuable lesson in client care and dealing properly and in good fashion with the regulator. Below is an extract of a blog written by......

Proof:- In this action the pursuer, the owner of a nursery business, sought damages from the defenders, a firm of chartered surveyors, for an alleged breach of contract and professional negligence arising out of a failure to exercise the standard of skill and care reasonably to be expected from a......

The solicitors advice as to the prospects of success on the construction of the territorial extent of a non-compete clause was while more optimistic than some more cautious solicitors might have given, within the range of opinions that could properly be given. There was no breach of duty in not adv......

Where a client is given positive legal advice as to the prospects of his claim it would be expected that the client relied on that advice in continuing his claim and the evidential burden of disproving a causative effect should shift to the law firm to disprove it. The advice given by the law firm ......

Solicitor and partner Mr Anis Waiz of Mohindra Maini LLP continues his critical review of current case law. This important case arose from a mortgage fraud and facts which are all too familiar to lenders and solicitors. There are a number of key issues as to completion and breach of trust i......

Rylands v Fletcher: Cutting polystyrene blocks with a hot wire machine in factory premises constituted non-natural user of land for the strict liability of Rylands v Fletcher to apply. Further nuisance and negligence were established against the factory owners. Although the landlord was not neglige......

Duty: A NHS Trust did not owe a duty of care to the local authority in respect of the treatment of a patient such that the local authority could recover the costs of care of that patient injured by negligent treatment by that NHS Trust. ......