pnBlawg

the professional negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Limitation Periods and Solicitor Negligence

In the case of Susan Berney v Thomas Saul (T/A Thomas Saul & Co) [2013] EWCA Civ 640, the Court of Appeal has provided further guidance as to the date of the accrual of a cause of action in a solicitor’s negligence case.     Ms Berney (“MB”) instructed Thomas Saul & Co (“TS”) in 1999 to act for her in a personal injury claim following a road traffi... [More]

Quinn, Lemma and now Balva

  1,300 solicitors firms are facing the prospect of having to find alternative insurance following the decision by the Latvian Financial and Capital Markets Commission to withdraw the operating licences for insurer Balva. According the press release on the FCMC's website, Balva must now launch a winding-up process by appointing a liquidator but all its insurance policies are still e... [More]

Jackson: when is a deadline for a court order 'not written in stone'?

The case of Re Atrium Training Services Limited [2013] EWHC 1562 (Ch) is the latest judgment from the High Court which considers the new rules. The judge was faced with an application to extend time to comply with a court order for a massive disclosure exercise. This came against a background of a history of breaches of a timetable set by the court. The judge underlined the strictness of the new r... [More]

Caselaw since 1st April 2013 - leopards and spots?

  The case of Venulum Property Investments Ltd v Space Architecture Limited [2013] EWHC 1242 (TCC) concerned a relief from sanctions application under r. 3.9. The decision was in fact made under the old rules because the application was made prior to 1st April 2013 but the judge (Edwards-Stuart J) took the new regime into account concluding: “In my judgment, when the circumstances are ... [More]

Contractual alteration to limitation periods

Coulson J in the TCC has considered the question of parties’ ability to agree in contractual terms to vary the usual limitation period governing claims either side might make under a construction contract. He noted that this issue had recently been decided by the CA in favour of allowing parties to vary the limitation period to provide certainty in Inframatrix Investments Ltd v Dean Constr... [More]

Cut & paste judgment

A senior specialist judge has recently been criticised in trenchant terms by the Court of Appeal for delivering a written judgment that did little more than to replicate the submissions of counsel for the successful party.  He seems to have used the electronic (Word) copy of the submissions, deleted the barrister's signature and made a few editorial changes, but left approximately 94% of... [More]