pnBlawg

the professional negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

When is a Claimant liable for pre-action costs?

Section 51 of the Senior Courts Act 1981 confers discretion on the court in respect of “the costs of and incidental to all proceedings”. It has long been understood that the reference to costs “of and incidental” to proceedings covers pre-action costs. A recent decision illustrates how the jurisdiction to award pre-action costs works in practice and highlights the differenc... [More]

Friends become Enemies aka The Dangers of Free Advice

  We were often warned against giving legal advice to our friends.  As professionals, if we give advice of a professional nature, there is (surprisingly to me) a distinct possibility that it will be relied upon.  This accords with the well-established Hedley Byrne doctrine of liability for the assumption of responsibility.  When giving advice, this liability can arise even if w... [More]

Property fraud - liability of seller's solicitor to innocent buyer

Purrunsing v A’Court & Co and House Owners Conveyancers [2016] EWHC 789 (Ch) is the latest case concerning conveyancing solicitors’ liabilities towards innocent victims of property fraud. It considers the question of the purported seller’s potential liability to an innocent purchaser and how the nature and extent of the test for relief under Section 61 of the Trustee Act 1925... [More]