pnBlawg

the professional negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

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]

Failure to obtain ATE Insurance: Non-party costs

The Court of Appeal in Heron v. TNT (UK) Ltd [2013] EWCA Civ.469 considered whether or not solicitors who failed to obtain ATE Insurance for their client in a personal injury case and who failed to admit that to him - but without any conscious impropriety - should be subject to a non-party costs order.  The defendant's insurers argued that thereby the solicitors had become a "r... [More]

LCLCBA

The London Common Law and Commercial Bar Association has a new website. http://www.lclcba.com  

Judicial assessment of experts

Fancy some feedback?  The criminal Bar is having to come to terms with the prospect of barristers being formally assessed every year by the judiciary if they wish to continue in practice – under a system called QASA (Quality Assurance Scheme for Advocates).  And civil practitioners are warned that it could be coming their way some time in the future – despite the fact that we... [More]

GP’s “reconstructed” evidential account preferred

In a judgment handed down last week the Court of Appeal upheld a decision in favour of a family doctor accused of negligence for failing to refer a very young baby to hospital with meningitis.  In Doy v Gunn [2013] EWCA Civ 493 the complaint was that the GP wrongly diagnosed colic.  If the child had been immediately referred to hospital then antibiotic treatment would have been a... [More]

Skeletons in the Courtroom

When I was at law school we only allowed to produce skeleton arguments for moots if they did not exceed four sentences in length. It was no easy task, but it really forced one to be as lexically economical and phraseologically elegant as possible.   However since, I have been encouraged to be far more expansive. I have thence been lead to believe that a skeleton argument is a powerful means o... [More]