pnBlawg

the professional negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Professional negligence claims in the post-Mitchell era – a potential minefield

The tough approach to compliance with the CPR and court orders is really starting to bite and one result is bound to be more professional negligence claims where litigation has become derailed as a result of a party failing to comply and being refused relief. Following Mitchell v News Group [2013] EWAC Civ 1537, save where breaches are “trivial”, a party seeking relief faces a high h... [More]

Interest on Costs paid to Negligent Legal Representatives

The High Court recently provided litigants with some guidance as to the principle of a party claiming interest on costs paid to legal representatives in actions which are subsequently held to have been negligently conducted.   Surely, the principle that such a party should recover interest on the returned fees is sound in law, corresponding with such judgments as Lord Denning in  Jeffor... [More]

Contingencies, possibilities, probabilities and limitation.

   The question of when a cause of action arises can be difficult where the Claimant has entered into a transaction which gives rise to a contingency of a loss; is it when the transaction was entered or when the contingency arose? In claims for negligence the cause of action only arises when there is an actual loss. In Venulum Property Investments Limited v Space Architects and oth... [More]