pnBlawg

the professional negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

No duty owed by a valuer for a developer’s loss of profit or loss of a chance on subsequent sale

Freemont (Denbigh) Ltd v Knight Frank LLP [2014] All ER (D) 165 (Oct)    On 14 October 2014 Stephen Smith QC sitting as a Deputy High Court Judge in the Chancery Division handed down judgment on five preliminary issues concerning a multi-million pound dispute over an allegedly negligent valuation of a development site.    HELD, although a valuer owes concurrent duties in contr... [More]

"…It all happened so fast": Is recollection really evidence?

It’s often said that Judges hate witnesses and love documents. Unless tampered with, a document is a permanent and faithful record of its content. Even the most well-intentioned witnesses can be tripped up at trial by something they or others have recorded in a document during or shortly after an event. We all know that memory fails and it is the function of the trial process to attempt to r... [More]

Non-Binding Mediation Agreements: The Duty to Warn

Advising on the meaning and effects of settlement is a task faced by most litigators on a daily basis, often in time-pressurised conditions. And yet the effects of getting it wrong can be serious, for client and practitioner alike. The recent Court of Appeal decision in Frost v Wake Smith and Tofields Solicitors [2013] EWCA Civ 1960 is therefore important reading for litigators. It gives a he... [More]