Professional Negligence

The professional conduct rules governing solicitors may well not create a private law right actionable at the suit of a client. ......

Duty: Solicitors acting for a building society alone in respect of a mortgage had not owed a duty to a joint-tenant in respect of a forged signature put forward by her co joint- tenant. On the facts there had been nothing to give rise to any suspicion that there was a forgery. There was no causa......

The judge had been entitled to conclude that the negligent dispensing of the wrong contraceptive pill had not caused or materially contributed to the contraceptive failure and subsequent pregnancy of the Claimant. The case was not one in which the exception to the “but for” test identif......

The finding that a negligent delay by a GP in referring a child to hospital was not causative of permanent injuries because of a subsequent delay in diagnosis at the hospital was wrong on the law and the facts. The GP's negligence was a causative factor in the infant's permanent injury. ......

A claim against insurance brokers for an alleged failure to notify insurers of the need to suspend a condition on a jewellery clause was dismissed because the letter of instruction was never sent and the documents produced to the court had been fabricated. ......

Professional Conduct: It was inappropriate to strike a solicitor off the roll where he had failed to comply with undertakings to register charges on property on the behalf of mortgage lenders and his only previous misconduct had been an offence of incorrectly holding funds in an office account and ......

After judgment finding that some of the Defendants were liable for breach of fiduciary duty and others for conspiracy or dishonest assistance in breach of a fiduciary duty the Court made a number of findings related to consequential orders distinguishing between those liable for breach of fiduciar......

Causation: In an action for damages against her general practitioner the Claimant alleged that he should have immediately referred her to an orthopaedic surgeon for an appointment that day rather than providing a standard written referral. In considering the issue of whether the general practitione......