pnBlawg

the professional negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

When is a Claimant liable for pre-action costs?

Section 51 of the Senior Courts Act 1981 confers discretion on the court in respect of “the costs of and incidental to all proceedings”. It has long been understood that the reference to costs “of and incidental” to proceedings covers pre-action costs. A recent decision illustrates how the jurisdiction to award pre-action costs works in practice and highlights the differenc... [More]

Aggregation clauses...as easy as 1,2,3?

    The individuals invited to invest in holiday homes in Turkey and Morocco by Midas International Property plc might, if they had reflected on the myth of King Midas’ golden touch, have had second thoughts before they parted with the price for their undeveloped plots. Perhaps some did but placed confidence in a scheme by which their funds would be held in escrow by solicito... [More]

AIB v Redler - Supreme Court Dismisses Bank's Appeal

The Supreme Court yesterday dismissed AIB's appeal in this eagerly awaited decision concerning the measure of loss for breach of trust by solicitors paying away mortgage monies.  The bank claimed its solicitors had to "reconstitute the trust fund" after the solicitors paid an incorrect redemption figure leaving the bank with a second charge rather than a first charge. When the property was so... [More]

Relief From Sanctions - The Pendulum Swings

    Two decisions delivered shortly before Easter suggest a change in the direction of the Mitchell pendulum. Chartwell Estate Agents Ltd v Fergies Properties SA [2014] EWCA Civ 506 is a "must read" decision of the Court of Appeal. It concerns the failure to exchange witness statements. Both parties had failed to serve witness statements whilst a squabble about disclosure rumbled on... [More]

Contingencies, possibilities, probabilities and limitation.

   The question of when a cause of action arises can be difficult where the Claimant has entered into a transaction which gives rise to a contingency of a loss; is it when the transaction was entered or when the contingency arose? In claims for negligence the cause of action only arises when there is an actual loss. In Venulum Property Investments Limited v Space Architects and oth... [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]