pnBlawg

the professional negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Kumar v GMC: misconduct in the form of recklessness

If we feel as lawyers we sometimes have it tough, spare a thought for your expert witnesses: no longer protected by the cloak of immunity from suit, following Jones v Kaney ([2011] UKSC 13), they also have to run the gauntlet against, at times, truculent regulators. The case of Kumar v General Medical Council ([2006] EWCA Civ 1390), serves as a reminder of the high standards to which the professio... [More]

Section 61 Trustee Act 1925 and the Three Wise Men.

Honesty, reasonableness and fairness. Lenders are embracing breach of trust arguments in what would otherwise be traditional negligence claims with fervour. Does it have something to do with their fear of previous risky lending practices coming back to bite them in the form of hefty findings of contributory negligence? Where the transaction has not completed there are significant a... [More]

Whose advice is it anyway?

Langsam v Beachcroft LLP [2012] EWCA Civ 1230 concerned settlement advice, which the Claimant contended was unduly pessimistic. The claim was dismissed, the judge at first instance and the Court of Appeal unanimously agreeing that the advice provided was reasonable. But the case raises a very interesting question about a solicitor’s duty to advise – and liability for such advice &ndash... [More]

Mortgage valuations and reliance

More on Phimister v DM Hall LLP [2012] CSOH 169 (see earlier posting), which concerned a valuation of a residential property in Scotland. The Claimant’s criticism is that the Defendant ought to have checked the Property’s acreage and, had he done so, he would have realised that it was 0.46 acres smaller. Lord Glennie dismissed the claim on the primary basis that the Defendant did not ... [More]

Mortgage valuer's duty to report plot size

To what extent is a surveyor, who provides a mortgage valuation, obliged to check on the property’s precise acreage? This question was recently considered by Lord Glennie in Phimister v DM Hall LLP [2012] CSOH 169. The Claimant was a fisherman who, when not at sea, was a property developer. In 2007 he found a possible property (“Property”) comprising “traditional dwelling... [More]

Tax and damages

More on Capita Alternative Fund Services v Drivers Jonas [2012] EWCA Civ 1417 (see earlier posting), which concerned the valuation of a factory outlet shopping centre (“FOC”) at Chatham Dockyard. The Claimants were a variety of investment vehicles and the FOC was in an Enterprise Zone. Hence the individual investors obtained substantial tax credits. In calculating £18.05m damages... [More]

True market value and rejected expert valuation evidence

What happens when the judge rejects the figures provided by opposing experts? Is the claimant then unable to prove loss? The Court of Appeal recently grappled with this issue in Capita Alternative Fund Services v Drivers Jonas [2012] EWCA Civ 1417. This case concerned the valuation of a factory outlet shopping centre (“FOC”) at Chatham Dockyard. The Claimants called two experts, P, who... [More]