pnBlawg

the professional negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

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]

Kumar v GMC: misconduct in the form of recklessness

If we feel as lawyers we sometimes have it tough, spare a thought for your expert witnesses: no longer protected by the cloak of immunity from suit, following Jones v Kaney ([2011] UKSC 13), they also have to run the gauntlet against, at times, truculent regulators. The case of Kumar v General Medical Council ([2006] EWCA Civ 1390), serves as a reminder of the high standards to which the professio... [More]

Section 61 Trustee Act 1925 and the Three Wise Men.

Honesty, reasonableness and fairness. Lenders are embracing breach of trust arguments in what would otherwise be traditional negligence claims with fervour. Does it have something to do with their fear of previous risky lending practices coming back to bite them in the form of hefty findings of contributory negligence? Where the transaction has not completed there are significant a... [More]