pnBlawg

the professional negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Legal Advice Privilege and the professions.

I have a rather boring relationship with my accountant,  I tell him how much money has come in and he tells me how much I have to give to the nice men at the Revenue; not for me the complex off-shore trust or some other interesting tax minimisation vehicle.  As such I’ve never received (or asked for) advice relating to the legality of any particular tax avoidance scheme.  If I... [More]

Testamentary Capacity and Solicitor Negligence

The conclusion of a recent Study undertaken by Robert Hunter, heads of trusts litigation at Herbert Smith and Dr Claire Royston, a consultant psychiatrist and medical director of Four Seasons Health Care, should serve as a stark warning for practitioners in this area. Its conclusion has been that it has found solicitors lacking when making this judgment as to the potential testator’s capacit... [More]

Breach of Trust: AIB Group (UK) plc v Mark Redler & Co

See my earlier post, 13.12.12, on Nationwide v Davisons [2012] EWCA Civ 1626. The Court of Appeal judgment  in AIB Group (UK) Plc v Mark Redler & Co [2013] EWCA Civ 45 was handed down on 8 February 2013. The court has again taken the opportunity to place a brake on breach of trust arguments in professional negligence claims. In AIB v Redler the Court of Appeal grappled with two main iss... [More]

Disclosure under the Professional Negligence Pre-Action Protocol: Webb Resolutions Ltd v Waller Needham & Green [2012]

Non-compliance by claimants with their disclosure obligations under the Professional Negligence Pre-Action Protocol can prove an expensive mistake.  Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch) shows why.   The Claimant, a purchaser of mortgage loans from institutional lenders – c.f. the preceding post – wished to sue the Defendant solicitors wh... [More]

Surveyors surveyed

Judgments which contain a review of the authorities are always useful to the busy practitioner.  One such is that of Coulson J. in Webb Resolutions Ltd v. E. Surv Ltd [2012] EWHC 3653 (TCC), where he discusses the law relating to surveyors’ negligence in making mortgage valuations.    The judgment also contains one or two discrete titbits worth remembering and is entertai... [More]