pnBlawg

the professional negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

The Duty to Warn....!

There are relatively few cases on the subject of what warnings professionals need to give to their clients when advising/acting for them.  In a case that came before Akenhead J in the TCC this March, the following guidance was given.  Clearly much will depend upon the expert evidence and any contracts in such cases, but it is still worth bearing in mind this summary on a common yet surpr... [More]

Failure to serve Witness Statements on time – better late than never?

Mitchell is still providing a rich source of material for articles, and concern for those worried about being the subject of the next big professional negligence action…   Following on from Andrew’s post last week, I recently encountered the scenario where one party sought to vary a Court timetable of directions but it was not agreed.  Clearly, if the directions themselves... [More]

Conflicting medical evidence: solicitors' duties in CICA claims

In Boyle v Thompsons Solicitors [2012] EWHC 36 (QB) Mr Justice Coulson considered the scope of a solicitor’s duty in resolving conflicts of expert medical evidence. The claimant (“Mrs B”) claimed damages from the defendant solicitors (“the Solicitors”) for their allegedly negligent conduct of her compensation claim to the Criminal Injuries Compensation Authority (&ldq... [More]

Lawyers' liability for costs

  A recent decision of Mr Justice Edwards-Stuart in the Technology And Construction Court (“TCC”) in Webb Resolutions Ltd v JV Ltd t/a Shepherd Chartered Surveyors [2013] EWHC 509 (TCC) considers lawyers’ obligations when drawing up court orders. The Claimants were assignees of a centralised mortgage lender suing the Defendant surveyors in respect of three allegedly negligen... [More]

Complaints against lawyers – The Legal Ombudsman Scheme 2013

  The First of April might appear a foolish day to write about the Legal Ombudsman Scheme.  It is not new, but it is steadily gaining in popularity.  Since 2007, the scheme has been administered by the Office for Legal Complaints.  This free scheme is being expanded – up to £50,000 could now be awarded by way of ‘compensation’ – and therefore could... [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]

Mortgage valuations and reliance

More on Phimister v DM Hall LLP [2012] CSOH 169 (see earlier posting), which concerned a valuation of a residential property in Scotland. The Claimant’s criticism is that the Defendant ought to have checked the Property’s acreage and, had he done so, he would have realised that it was 0.46 acres smaller. Lord Glennie dismissed the claim on the primary basis that the Defendant did not ... [More]

Mortgage valuer's duty to report plot size

To what extent is a surveyor, who provides a mortgage valuation, obliged to check on the property’s precise acreage? This question was recently considered by Lord Glennie in Phimister v DM Hall LLP [2012] CSOH 169. The Claimant was a fisherman who, when not at sea, was a property developer. In 2007 he found a possible property (“Property”) comprising “traditional dwelling... [More]