pnBlawg

the professional negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Non-Binding Mediation Agreements: The Duty to Warn

Advising on the meaning and effects of settlement is a task faced by most litigators on a daily basis, often in time-pressurised conditions. And yet the effects of getting it wrong can be serious, for client and practitioner alike. The recent Court of Appeal decision in Frost v Wake Smith and Tofields Solicitors [2013] EWCA Civ 1960 is therefore important reading for litigators. It gives a he... [More]

No duty on solicitors to confirm opponent’s PI cover in place

 At the trial last month of a solicitors’ negligence claim the High Court has held that there was no duty on a solicitors’ firm, acting for a client in civil litigation, to ensure that the opponent had effective professional indemnity insurance cover in place.   The claimants sued the solicitors’ firm (BG) which had previously represented them in a dispute with an ar... [More]

The Determination of Consequential Issues after Trial and the Apparently Biased Judge

Who should determine any questions as to costs at the conclusion of a trial? The standard – and it seems almost always correct – answer, would be the trial judge himself. The rationale is obvious and entirely sensible – that such ancillary issues should be determined by the tribunal which heard the case from which the such issues arise. However, the Court of Appeal last week sug... [More]

CPRwatch: relief from sanctions

Does the original checklist under rule 3.9 (relief from sanctions) have any role now? That question was considered by Hildyard J in Thevarajah v Riordan (9th August 2013, unreported). The Claimant sought to strike out the Defendant’s Defence for failure to comply with an unless order in relation to disclosure. The Defendant sought relief from sanctions under CPR r. 3.9. The De... [More]

Plus ça change? Re-litigating the underlying claim in a solicitors’ negligence case

In a solicitors’ negligence claim based on a previous case which was lost or under-settled it is not unusual to see the complaint that one party is seeking to re-litigate the original claim.  However, the complaint is normally one levelled by the defendant against the claimant.  The correct approach is to assess the “value” of the lost chance of the claim succeeding by ... [More]