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Negligence

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

London Helicopters Ltd v Heliportugal LDA-INAC [2006] EWHC 108 (QB) (09 February 2006)

Jurisdiction. In an action for negligent misstatement based upon the defendant's test certificate of an helicopter engine, the English Court had jurisdiction as for the purposes of Art. 5 (3) of Council Regulation 44/2001 the damage occurred where the certificate was relied upon (England) albeit ......

Low, R (on the application of) v General Osteopathic Council [2007] EWHC 2839 (Admin) (15 November 2007)

Professional Conduct: Although the seriousness of a criminal offence measured by the sentence imposed was not necessarily a reliable guide to its gravity in terms of maintaining public confidence in a particular profession, the particular offences of possession of indecent photographs of children ......

Lumsdon & Ors v Legal Services Board [2014] EWHC 28 (Admin) - 20/01/14

Judicial review challenging a decision of the Legal Services Board (LSB) to approve the introduction of the Quality Assurance Scheme for Advocates (QASA). The scheme was lawful, did not contravene European law and fell well within the legitimate exercise of the powers of the LSB and the three r......

MacClancy v Carenza (t/a the Vine Riding & Livery Yard) [2007] EWHC 479 (QB) (16 March 2007)

Duty of Care. A riding instructor owed a duty to guard against presenting a nervous rider with an unfamiliar situation or circumstance. On the facts of the case there was no danger or appearance of danger on the course that the instructor should have warned about. ......

Mallon v Halliwells LLP (In Liquidation) [2012] EWCA Civ 1212 - 9/7/12

An agreement for a property development omitted to include a provision for the proceeds of sale to be provided to the company's shareholder. The omission was first discovered 3 years later when the development was to be sold. At that time the development was in negative equity and the value of ......

Marilyn Louise McDonald-Grant v. Sutherland & Co & [2006] CSOH 171

In this case the pursuers sought reparation from the defenders, a firm of solicitors, in respect of their alleged professional negligence. It was submitted fro the defenders that the pursuer had no relevant averments to exclude the operation of Section 6 of the Prescription and Limitation (Scotland......

Marshall v Price Partnership Solicitors [2013] EWHC (QB) (unreported) - 02/10/13

A claim brought by a former client of a solicitors' firm was struck out on the basis that the Particulars of Claim disclosed no cause of action. An offer had been made in previous proceedings by the other party's insurers which the client had confirmed he wished to accept. An issue arose as......

Mathiesen v Clintons (a Firm) [2013] EWHC 3056 (Ch) - 11/10/13

In the circumstances although the client was intelligent and informed there was a duty on the solicitor to explain the workings of the final version of a shareholder agreement to a client before its execution where the client had not previously entered into such an agreement before. Preferably that......

McFaddens (a firm) v Platford [2009] EWHC 126 (TCC) (30 January 2009)

The Claimant was a firm of solicitors who had instructed a barrister to provide advice and represent three claimants at the trial of the underlying action. Shortly before trial both solicitors and Counsel became concerned as to whether one of the claimants was capable of providing instructions.......

McFaddens v Chandrasekaran [2007] EWCA Civ 220 (26 February 2007)

In an action to recover unpaid fees from its former client in professional negligence proceedings the Claimant solicitors were entitled to summary judgment. That the Master had originally refused the application did not preclude the judge on appeal from conducting a review of the application which ......

McHugh v Gray [2006] EWHC 1968 (QB) (27 July 2006)

Limitation. The Claimant sought damages for personal injuries against a consultant psychiatrist who had reported that he had a moderate degree of post-traumatic stress disorder arising out of the Hillsborough disaster in 1989. Given the prognosis of rapid recovery the Claimant settled his claim fo......

Mehjoo v Harben Barker & Anr [2014] EWCA Civ 358 - 25/03/14

The duty of an accountant to give general tax advice did not include a duty to give advice to the claimant that he was or might be a non-domiciled person and that that status carried with it potentially significant tax advantages. The firm did not specialise in non-domicile tax planning, had not be......

Meikeljohn v St George's Healthcare NHS Trust [2013] EWHC 469 (QB) - 07/03/13

There was nothing in the clinical presentation of a patient to cause a blood specialist to suspect that he was suffering from a rare genetic disorder and there was no breach of duty for failing to treat the patient on that basis. ......

Michelle Hepburn v. Royal Alexandra Hospital & Another [2008] CSOH 81

Motion for dismissal:- In this minute the defenders sought dismissal of the action on the basis of inordinate and inexcusable delay on the part of the pursuer in proceeding with the action. The pursuer raised a professional negligence action in 1998 against a consultant gynaecologist and a consul......

Middle Level Commissioners v Atkins Ltd [2012] EWHC 2884 (TCC) - 24/10/12

An engineering consultancy had not been negligent in advising a drainage authority that building a new pumping station to replace an old one would be permitted development not requiring a certificate of lawful use, despite local residents later objecting to the development on the ground of lack of ......

Miller v Garton Shires (a firm) [2006] EWCA Civ 1386 (25 October 2006)

Summary Judgment. The Claimant instructed two firms of solicitors in succession. Both failed to issue proceedings within the relevant time period for personal injuries arising out of a near fatal road traffic accident. It was appropriate despite the possible dispute of fact in respect of the caus......

Mohammed v The General Medical Council (Admin) 21/11/07

Professional Conduct: The medical practitioner had previously been registered as a doctor with the Irish Medical Council where he had been requested to prepare a medical report. He agreed to do so and accepted payment. No report was prepared. The medical practitioner did not respond to the complai......

Morgan Stanley & Co International Plc v China Haisheng Juice Holdings Co Ltd [2009] EWHC 2409 (Comm) (05 October 2009)

A dispute arose in respect of an ISDA swap arrangement entered in to between the parties with an exclusive English law and forum jurisdiction clause. The swap agreement had gone against the Defendant. The Defendant had brought proceedings in China against the Morgan Stanley affiliate as well as the......

Mortgage Agency Services Number One Ltd v Edward Symmons LLP [2013] EWCA Civ 1590 - 22/10/13

The question of whether the break costs of interest rate swaps were recoverable by a lender from surveyors following alleged negligent valuations of commercial properties against which the properties were secured should be determined at trial with the benefit of expert evidence on the hedging of lo......

Mortgage Business Plc v Oliver and Co [2013] EWHC 3240 (QB) (unreported)

Anis Waiz, solicitor and head of commercial litigation at Curtis Law Solicitors, continues his critical review of current case law. Introduction Without doubt confidentiality is at the corner stone of a solicitors practice. In Miers v Evans (1839 3 Jur 170), Patteson J held: '…......

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