pnBlawg

the professional negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

True market value and rejected expert valuation evidence

What happens when the judge rejects the figures provided by opposing experts? Is the claimant then unable to prove loss? The Court of Appeal recently grappled with this issue in Capita Alternative Fund Services v Drivers Jonas [2012] EWCA Civ 1417. This case concerned the valuation of a factory outlet shopping centre (“FOC”) at Chatham Dockyard. The Claimants called two experts, P, who... [More]

Why is a Quistclose trust like the tooth fairy?

If you objectively believe in its purpose it can provide a little prompt comfort during painful times.   The conjunction of festive films and Raymond Bieber v Teathers Ltd (In Liquidation) [2012] EWCA Civ 1466 brought that analogy to mind. Unfortunately the court found that the claimants did not objectively believe in the tooth fairy. The claimants invested in a scheme promoted to take advan... [More]

Court of Appeal and High Court take tough line on dishonesty

Solicitors Regulation Authority v Dennison [2012] EWCA Civ 421 Mr Dennison was a solicitor in a firm specialising in personal injury claims. He also had an interest in a company providing medical reports for use in litigation. He used his position in the firm to instruct the company to prepare medical reports for his clients. He did not disclose this outside interest to the partners in his firm.... [More]