pnBlawg

the professional negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Claims against solicitors and the “new” CPR 3.9

CPR 3.9 ‘Relief from Sanctions’ is being entirely reformed. From the 1st April 2013, gone will be the checklist which is to be replaced by a much broader discretion as to whether to grant relief, with the judge specifically referred to the need for litigation to be conducted efficiently, at proportionate cost, and with a need to enforce compliance with rules, practice directions and or... [More]

The Supreme Court of Ireland reviews SAAMCo

In the Republic of Ireland this week the Supreme Court is being asked to consider one of the country’s largest lender cases of recent years: KBC Bank Ireland Plc v BCM Hanby Wallace (http://www.courts.ie/__80256F2B00356A6B.nsf/0/01F5B8435ABFB92080257A06003D46C3).   In March 2012 Mr Justice McGovern held that the Defendant firm of solicitors had not merely breached its duty in not ... [More]

Early Applications for Pre-Action Disclosure: Assetco Plc v Grant Thornton UK LLP

At the heart of an application for pre-action disclosure (“PAD”) in a prospective case where there is no issue as to the correct parties being implicated, is a bifurcated test. The first element consists of a jurisdictional test: would the documents sought fall within standard disclosure? The second element consists of a discretional element: is early disclosure desirable, and should d... [More]

Legal Advice Privilege and the professions.

I have a rather boring relationship with my accountant,  I tell him how much money has come in and he tells me how much I have to give to the nice men at the Revenue; not for me the complex off-shore trust or some other interesting tax minimisation vehicle.  As such I’ve never received (or asked for) advice relating to the legality of any particular tax avoidance scheme.  If I... [More]

Testamentary Capacity and Solicitor Negligence

The conclusion of a recent Study undertaken by Robert Hunter, heads of trusts litigation at Herbert Smith and Dr Claire Royston, a consultant psychiatrist and medical director of Four Seasons Health Care, should serve as a stark warning for practitioners in this area. Its conclusion has been that it has found solicitors lacking when making this judgment as to the potential testator’s capacit... [More]

Breach of Trust: AIB Group (UK) plc v Mark Redler & Co

See my earlier post, 13.12.12, on Nationwide v Davisons [2012] EWCA Civ 1626. The Court of Appeal judgment  in AIB Group (UK) Plc v Mark Redler & Co [2013] EWCA Civ 45 was handed down on 8 February 2013. The court has again taken the opportunity to place a brake on breach of trust arguments in professional negligence claims. In AIB v Redler the Court of Appeal grappled with two main iss... [More]

Disclosure under the Professional Negligence Pre-Action Protocol: Webb Resolutions Ltd v Waller Needham & Green [2012]

Non-compliance by claimants with their disclosure obligations under the Professional Negligence Pre-Action Protocol can prove an expensive mistake.  Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch) shows why.   The Claimant, a purchaser of mortgage loans from institutional lenders – c.f. the preceding post – wished to sue the Defendant solicitors wh... [More]

Surveyors surveyed

Judgments which contain a review of the authorities are always useful to the busy practitioner.  One such is that of Coulson J. in Webb Resolutions Ltd v. E. Surv Ltd [2012] EWHC 3653 (TCC), where he discusses the law relating to surveyors’ negligence in making mortgage valuations.    The judgment also contains one or two discrete titbits worth remembering and is entertai... [More]

Judge: Jury and Whistleblower

What should the court’s role be in protecting the public from negligent lawyers? Twitter has got hold of a decision concerning negligent submissons made by a barrister and a solicitor advocate in two immigration cases.   The President of the Queen’s Bench Division did not hold back: “arguments that were nonsensical were put forward to the court by lawyers who did not ... [More]