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Professional Negligence

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

Convergence Group Plc & Anor v Vellacott [2005] EWCA Civ 290 (16 March 2005)

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 ......

CSG (Stratford) Limited & Ors v London Borough of Newham & Ors [2013] EWHC 2868 (TCC) - 02/10/13

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......

Cuby & Anr. v Benjamin Kay and Brummer (a firm) (QB) 25/6/08

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......

Daniel Stalker v. Lothian Health Board [2008] CSOH 77

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......

Daniel Stalker v. Lothian Health Board [2008] CSOH 77

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......

David Clark v. Argyle Consulting Limited [2010] CSOH 154

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......

David Truex, Solicitor (a firm) v Kitchin [2007] EWCA Civ 618 (04 July 2007)

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......

David Truex, Solicitor (a firm) v Kitchin [2007] EWCA Civ 618 (04 July 2007)

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......

Denness & Anr v East Hampshire District Council [2012] EWHC 2951 (TCC) - 30/10/12

A householder's claim for structural damage allegedly caused by tree roots failed because the expert evidence was equivocal and insufficient to show that the subsidence had been caused by tree roots rather than by soil heave. ......

Diamond v Mansfield & Ors [2006] EWHC 3290 (QB) (20 December 2006)

The Defendants were granted summary judgment in respect of the Claimant's claim against members of the Bar Council and its employees in respect of a withdrawn prosecution relating to the Claimant's publication of an article in a magazine that he considered would be distributed within a small closed......

Donkin v The Law Society [2007] EWHC 414 (Admin) (07 March 2007)

Professional Conduct. A solicitor used monies from his client account to meet the expenses of his practice. Those sums were repaid with interest. The solicitor accepted that he had been remiss in not advising his clients to obtain independent advice and in respect of two in not advising them of ......

Dr David Kerr Black v Professional Conduct Committee of the General Dental Council - [2013] HCJAC 39 ? 30 April 2013

This is an appeal against a decision of the Professional Conduct Committee of the General Dental Council (GDC) to erase the pursuer's name from the Dentists Register under section 27B(6)(a) of the Dentists Act 1984. Grounds for striking off: Mr Black held no membership of a defence organisatio......

Dudarec v Andrews & Ors [2006] EWCA Civ 256 (22 March 2006)

Causation: Proceedings were brought against solicitors after a personal injuries action was struck out for want of prosecution under the old procedural rules. Liability was not in issue and in considering the damages for loss of a chance the Defendant solicitors took the same point as had been reli......

Edenwest Ltd v CMS Cameron McKenna (a Firm) [2012] EWHC 1258 (Ch) - 14/5/12

The appointment of solicitors to act for administrators of a company did not of itself create a duty of care to act owed to the company. Although administrators of a company were agents of the company the nature of their appointment did not give rise to all the usual obligations of an agent not ......

Ellis v The Law Society [2008] EWHC 561 (Admin) (23 April 2008)

The tribunal had been entitled to suspend a solicitor indefinitely where in the course of complaint proceedings he had made numerous allegations against the Law Society and the judiciary of corruption and perversion of the course of justice. ......

Emmanuel v South Gloucestershire Primary Care Trust & Anor [2009] EWHC 3260 (Admin) (11 December 2009)

In 1999 Mr Emmanuel joined a surgery as a partner and general practitioner. In January 2004 he was included on the first respondent care trust's medical performers list. In June 2008, the trust was informed of allegations relating to Mr Emmanuel, namely that he had engaged in an improper relationsh......

Euroption Strategic Fund Ltd v Skandinaviska Enskilda Bankan AB (Comm) 15/3/12

The obligations of a clearing broker in liquidating an investment fund's trading position were not subject to the statutorily implied term under s. 13 of the Supply of Goods and Services Act 1982. The contractual terms did not require any particular duty of care in that liquidation and it would be ......

Evans v Birmingham & the Black Country Strategic Health Authority [2007] EWCA Civ 1300 (06 December 2007)

Although the health authority accepted that it was in breach of duty in failing to control drug levels during labour, the judge had been entitled to find that this was not causative of the hypoxic event that caused damage to the brain. Although one part of the judgment was not fully reasoned that ......

Farnon v Devonshires Solicitors (QB) 6/12/11

Solicitors retained to advise on the exit from a limited liability partnership that formed part of the client's employer, an investment management group, were not under a duty to give comprehensive advice to her on a potential claim for sexual discrimination when this had only been mentioned as par......

Farraj & Anr v King?s Healthcare NHS Trust & Anr (CA) (13 November 2009)

Where a hospital was asked to provide a DNA analysis of foetus tissue it did not owe a non-delegable duty of care to the parents in respect of the testing. The non-delegable duty arguably owed to patients was of a different ilk. Where the independent testing laboratory had an admitted duty of care ......

Farrer & Anr v Wiles [2013] EWCA Civ 1511 - 27/11/13

A judge had not erred in his assessment of the damages to be awarded to the owner of a property following an architect's admitted breaches of duty in failing to recommend that an engineer's report be obtained in respect of known structural defects prior to conversion works being carried out......

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