pnBlawg

the professional negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Engineers liable for market fall

    The claimant company (“JGPL”) in John Grimes Partnership Ltd v Gubbins [2013] EWCA Civ 37 provided consulting engineering services. It was engaged by Mr Gubbins, a farmer and property developer, to design a road and drainage scheme for his residential development and to obtain the necessary statutory approval by March 2007.  JGPL failed to complete its work by t... [More]

Judicial snipe

If you want some entertaining reading for Easter, have a look at the judgment Sir Alan Ward delivered yesterday in Wright v. Michael Wright Supplies Ltd [2013] EWCA Civ. 234.  He bemoans the increase in the number of cases conducted by litigants in person and has a pop at the politicians for withdrawing legal aid from so many.  There is no eventual saving in cost to t... [More]

Claims against solicitors and the “new” CPR 3.9

CPR 3.9 ‘Relief from Sanctions’ is being entirely reformed. From the 1st April 2013, gone will be the checklist which is to be replaced by a much broader discretion as to whether to grant relief, with the judge specifically referred to the need for litigation to be conducted efficiently, at proportionate cost, and with a need to enforce compliance with rules, practice directions and or... [More]

The Supreme Court of Ireland reviews SAAMCo

In the Republic of Ireland this week the Supreme Court is being asked to consider one of the country’s largest lender cases of recent years: KBC Bank Ireland Plc v BCM Hanby Wallace (http://www.courts.ie/__80256F2B00356A6B.nsf/0/01F5B8435ABFB92080257A06003D46C3).   In March 2012 Mr Justice McGovern held that the Defendant firm of solicitors had not merely breached its duty in not ... [More]

Early Applications for Pre-Action Disclosure: Assetco Plc v Grant Thornton UK LLP

At the heart of an application for pre-action disclosure (“PAD”) in a prospective case where there is no issue as to the correct parties being implicated, is a bifurcated test. The first element consists of a jurisdictional test: would the documents sought fall within standard disclosure? The second element consists of a discretional element: is early disclosure desirable, and should d... [More]