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Professional Negligence

Professional Negligence case examples and legal advice on claiming professional negligence in the UK.

Browning v Messrs Brachers [2005] EWCA Civ 753 (20 June 2005)

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. ......

Burke v Chapman & Chubb 29/2/08 (QB)

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......

Burne v A (CA) 25/1/06

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......

C v D and SBA 23/2/06 CA

Can Say v Howard Gurpinar & Co [2013] EWHC (QB) - 08/03/13

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. ......

Capita Alternative Fund Services (Guernsey) Ltd & Anr v Drivers Jonas [2012] EWCA Civ 1417 - 8/11/12

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......

Capita Alternative Fund Services (Guernsey) Ltd & Anr. V Drivers Jonas (Comm) 9/9/11

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......

Caribbean Steel Company Limited v Price Waterhouse [2013] UKPC 18 - 09/07/13

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......

Carisbrooke Shipping CV5 v Bird Port Ltd [2005] EWHC 1974 (Admlty) (13 September 2005)

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. ......

Chapper v Jackson (Ch) 21/12/11

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......

Cherney & Ors v Frank Neuman & Ors 5/8/11 (Ch)

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 ......

Cheshire Building Society v Dunlop Haywards (DHL) Ltd & Ors [2008] EWHC 51 (Comm) (18 January 2008)

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. ......

CHRYSALIS SCOTLAND LIMITED v CLYDESDALE BANK INSURANCE BROKERS LIMITED [2008] CSOH 144

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,......

Clare v Buckle Mellows (a firm) [2005] EWCA Civ 1611 (21 December 2005)

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......

Cohen v Kingsley Napley & Anor [2006] EWCA Civ 66 (10 February 2006)

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......

Cohen v Kingsley Napley [2005] EWHC 899 (QB) (12 May 2005)

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. ......

Coleridge v Sotheby's [2012] EWHC 379 (Ch) - 1/3/12

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 ......

Community Gateway Association ltd v Beha Williams Norman Ltd (TCC) 12/9/11

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. ......

Connells Survey & Valuation Ltd v MPG Investments LLP & Anr (Ch) - 27/11/12

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......

Constable v Salford & Trafford Health Authority & Anr (QBD) 21/12/05

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......

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