pnBlawg

the professional negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Adding a new cause of action after expiry of limitation

It is well known that a court can permit a party to amend its case to plead a new cause of action even though, had it been starting such a claim in freestanding proceedings, it may have been statute-barred. CPR 17.2 provides that the court “may allow an amendment whose effect will be to add or substitute a new claim, but only if the new claim arises out of the same facts or substantially the... [More]

Mitchell revised?

A little light relief for Friday afternoon. A decision of Males J started doing the rounds last week:  Vivek Rattan v UBS AG, London Branch [2014] EWHC 665 (Comm). It is well worth a read, not least because it is short. The case concerned misselling (or as the Claimant put in its skeleton argument “misspelling”) of investments. The Claimant took the point that the Defendant&rsqu... [More]

The fallout from fraud: what is a solicitor’s duty when advising a client about signing a document?

One Saturday morning in March 2003 Mrs Padden told her husband that she was going into Exeter to do some shopping. To her surprise, he told her that she would be unable to use her credit card because the account had been frozen. He explained that this was due to a dispute with his employer about a company car. It was not. Mr Padden was a crook. His assets had been frozen because he had used his em... [More]