pnBlawg

the professional negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Compromise

Robert Louis Stevenson said that “Compromise is the best and cheapest lawyer”.  Nevertheless, we are often used in order to effect a compromise.  Sometimes, the attempt to settle per se becomes the source of litigation and so it was in last month’s case of DB UK Bank v Jacobs Solicitors (2016) EWHC 1614. The main proceedings entailed the Claimant Bank bringing a claim... [More]

Friends become Enemies aka The Dangers of Free Advice

  We were often warned against giving legal advice to our friends.  As professionals, if we give advice of a professional nature, there is (surprisingly to me) a distinct possibility that it will be relied upon.  This accords with the well-established Hedley Byrne doctrine of liability for the assumption of responsibility.  When giving advice, this liability can arise even if w... [More]

Aspect Contracts – Adjudication Assessed…

Aspect Contracts – Adjudication Assessed…       The Supreme Court finally had an opportunity to consider the adjudication regime in the case of Aspect Contracts (Asbestos) Limited v Higgins Construction Plc [2015] 1 WLR 2961.   Although this case is from as long ago as 2015, I had to cite it in Court last week and remembered that it was one that I should have inclu... [More]

"Same Damage" - Section 1 of the Contribution Act of 1978

An old conundrum was posed during a recent TCC hearing I had: what exactly is meant by ‘same damage’ within the meaning of section 1 of the Contribution Act of 1978? The background of the instant case concerned a compromise in the original action that had been effected on different bases to that being alleged for the contribution claim.  It was held that the mechanism/allega... [More]

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]

Mitchell II: The Revenge

  Mitchell has been ‘softened’.  On Friday, the Master of the Rolls delivered his judgment in the three cases of Denton v TH White Ltd: Decadent Vapours Limited v Bevan & Ors.: Utilise Limited v Davies and Ors.  In essence, the Court of Appeal declared that Mitchell had been “misunderstood” and emphasised that the new CPR 3.9 entailed a clear three stag... [More]