pnBlawg

the professional negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

NHS England: are GPs getting a fair hearing?

  GPs may not perform NHS services in England unless they are included in a national list (“the List”) held by NHS England. NHS England has powers to manage admission, suspension and removal from the List. If a GP’s name is not on the List he/she is prevented from practising. Evidently, therefore, NHS England’s list determinations have very serious ramifications f... [More]

A BUGging question of disclosure...

 In one of his first decisions after appointment to the Chancery Division Nugee J heard an appeal on a disclosure issue in the case of Ward Hadaway v DB UK Bank Limited (11.11.2013 unreported). The case raised a point of principle on the test to be applied where a document has already been technically disclosed by reference but the disclosing party claims that the primary disclosure duty is n... [More]

Architects' Professional Consultancy Certificates – Certifiable Trouble?

As we draw to the close of 2013, one case from this year which did not receive as much attention as I expected was Hunt & Ors. v Strutt & Parker & Ors. [2013] EWHC 681 (TCC).  It is most rare to have a judgment concerning Professional Consulting Certificates (“PCCs”) issued by an architect, essentially in order to certify that a property complies with the apposite pla... [More]

Kelly v Black Horse - reasonableness of ATE premiums in PPI litigation

  Another recent example of the courts’ more robust approach to costs (as to which, see also my earlier posting on Willis v MRJ Rundell & Associates Ltd) is found in Kelly v Black Horse [2013] EWHC B17 (Costs). Kelly was a fully-contested PPI claim which the claimants won. The district judge ordered that the balance of their outstanding loan (£5,200) be written off, that the d... [More]

Michael v Middleton - relief from sanctions under CPR 3.9 and solicitors negligence claims

Litigation solicitors up and down the country are no doubt assessing the implications of the latest procedural changes with an eye to their own risk management profile. Of particular importance has been the change to the provisions concerning relief from sanctions under CPR 3.9. The recent decision of Michael v Middleton [2013] EWHC 2881 (Ch) illustrates how tough the courts are becoming in implem... [More]

Costs budgets and professional negligence claims

 Many lawyers are no doubt wondering how the new costs rules, particularly those as to costs budgets, will affect litigation in the future. The recent decision of Mr Justice Coulson in the Willis v MRJ Rundell & Associates Ltd & Anor [2013] EWHC 2923 (TCC) provides some helpful pointers.  The case, which was run under the costs management pilot in the TCC, involved a £1.1m ... [More]

Flagrant misconduct by trial Counsel

The outgoing Lord Chief Justice, Lord Judge, lobbed a live grenade into the lap of one barrister in a Court of Appeal judgment on Monday, accusing Counsel concerned of “flagrant misconduct and alleged professional incompetence” in the opening sentence of the judgment.  Three men convicted of offences under the Terrorism Act 2006 appealed to the CA.  One of them, Farooqi, c... [More]

When should the alarm bells ring?

It is just over 6 years since the run on the Northern Rock bank. It is getting too late for anyone bringing a professional negligence claim in respect of their pre-crash investment decisions to rely on the primary limitation periods. There is section 14A of the Limitation Act 1980 of course. This week’s Estates Gazette ((2013) 39 EG 97) contains a useful article by Charlotte Bijani of Nort... [More]

You're Unbelievable

Ever been tempted to apply for summary judgment on the basis that an opponent’s expert's evidence is not credible? This is what happened in Corma Inc v Hegler Plastik GMBH [2013] EWHC 2820 (Pat). Depsite having read this Patent Court case I am still not quite sure how a device for producing a double-walled thermoplastic pipe with integral pipe bell works. The trouble was that neithe... [More]

The Return of the Omni Ombudsman

Our regular readers will recall that we recently blogged about the Legal Ombudsman’s interest in providing redress for clients of non-legal professionals. This is not the only area where LeO's domain may expand. The Legal Services Consumer Panel reported last year that non-client third parties should have a right of redress from LeO. The Panel has since looked into the  2,184 comp... [More]