Roiter Zucker (A Firm) v Minai: QBD 30 Nov 2005

The defendant resisted payment of her solicitors’ fees saying that they had failed in their duty to her not to exchange contracts without having finance in place to complete the purchase. It was alleged that she had tampered with documents produced to the court.

Judges:

Field J

Citations:

[2005] EWHC 2676 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedIn re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Professional Negligence

Updated: 25 May 2022; Ref: scu.236702

P v Leeds Teaching Hospitals NHS Trust: QBD 18 Jun 2004

The claimant, when in mid pregnancy, had a routine abdominal ultra-sound scan. The sonographer could not visualise the foetal bladder, and referred her Leeds General Infirmary. The record of the scan taken there two days later showed the bladder noted under the heading ‘well visualised and appear normal’. This scan had been taken by a specialist registrar. A second ultra-sound scan a month later conducted jointly by the same registrar and the consultant noted that ‘the bladder is seen within the pelvis’. Two further ultra sound scans were taken in which no abnormality of the bladder was noted. In fact the child was born with a condition known as cloacal-exstrophy, a condition in which there is serious deformity resulting in the development of substantial parts of the abdominal content outside the abdominal wall. In that condition there was no bladder to be visualised. the duty of care owed at the Leeds General Infirmary demanded a high standard of care and skill because the scan was ‘a scan with a focus’. He concluded that ‘there is a heavy burden on Leeds when seeking to reconcile its incorrect visualisations with the exercise of all reasonable care and skill.’
Held: The claimant had established her case.

Citations:

[2004] EWHC 1392 (QB), [2004] Lloyd’s Rep Med 537

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedLillywhite and Another v University College London Hospitals’ NHS Trust CA 7-Dec-2005
The claimant sought damages for severe injuries suffered by their child at birth, and now appealed finding that the doctor had not been negligent. The allegation was simply that the injury could not have occurred but for negligence in the defendant. . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 25 May 2022; Ref: scu.236718

Penney and Others v East Kent Health Authority: CA 16 Nov 1999

A cervical smear screener could be liable in negligence if he failed to spot obvious abnormalities in a test result which indicated that further investigation was required. To say this is not to say that such screening tests were expected to achieve full reliability. The court should ask what was on the slide to be seen, what would be seen by someone taking reasonable care, and whether what was so seen by a competent screener be passed.

Citations:

Times 25-Nov-1999, Gazette 08-Dec-1999, [2000] PNLR 323, [1999] EWCA Civ 3005

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

AppliedBolam v Friern Hospital Management Committee QBD 1957
Professional to use Skilled Persons Ordinary Care
Negligence was alleged against a doctor.
Held: McNair J directed the jury: ‘Where some special skill is exercised, the test for negligence is not the test of the man on the Clapham omnibus, because he has not got this special skill. The test . .
CitedHunter v Hanley 4-Feb-1955
The pursuer had been injured when the hypodermic needle being used by the defender doctor broke in use. The pursuer said that the direction by the judge as to accepted practice for the use of such needles.
Held: The court considered the . .
CitedMaynard v West Midlands Regional Health Authority HL 1985
The test of professional negligence is the standard of the ordinary skilled man exercising and professing to have that special skill. Lord Scarman said: ‘a doctor who professes to exercise a special skill must exercise the ordinary skill must . .
CitedBolitho v City and Hackney Health Authority HL 24-Jul-1997
The plaintiff suffered catastrophic brain damage as a result of cardiac arrest induced by respiratory failure as a child whilst at the defendant hospital. A doctor was summoned but failed to attend, and the child suffered cardiac arrest and brain . .

Cited by:

CitedPepin v Taylor CA 10-Oct-2002
The claimant and defendant claimed defamation of each other in cross claims as to postings made on internet newsgroups messages. Mr P said that the defendant had not been identified in the defamation alleged against Mr P. The defendant had been . .
CitedLillywhite and Another v University College London Hospitals NHS Trust QBD 3-Nov-2004
The clamant’s daughter had been born with serious brain defects. The defendant’s doctor had failed to spot the defect in an ultra scan before her birth. There had been discussions about the scan, and the claimant had considered having an abortion, . .
CitedLillywhite and Another v University College London Hospitals’ NHS Trust CA 7-Dec-2005
The claimant sought damages for severe injuries suffered by their child at birth, and now appealed finding that the doctor had not been negligent. The allegation was simply that the injury could not have occurred but for negligence in the defendant. . .
CitedLillywhite and Another v University College London Hospitals’ NHS Trust CA 7-Dec-2005
The claimant sought damages for severe injuries suffered by their child at birth, and now appealed finding that the doctor had not been negligent. The allegation was simply that the injury could not have occurred but for negligence in the defendant. . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Health Professions

Updated: 23 May 2022; Ref: scu.135811

Baxall Securities Ltd Norbain SDC Ltd v Sheard Walshaw Partnership: TCC 30 Oct 2000

Judges:

Bowsher QC J

Citations:

[2001] BLR 36, [2000] EWHC Technology 53

Links:

Bailii

Cited by:

ApprovedBellefield Computer Services and others v E Turner and Sons Limited and others CA 18-Dec-2002
The defendants had carried out works of construction on the premises. They subcontracted the design, but not the supervision, of the works to architects. Years later there was a fire, which spread rapidly because of negligence in the design of a . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Construction

Updated: 23 May 2022; Ref: scu.135687

Cave v Robinson Jarvis and Rolf: CA 20 Feb 2001

The court was asked as to the meaning of the word ‘deliberate’ as it appeared in section 32(2) of the 1980 Act.

Judges:

Potter, Sedley, Jonathan Parker LJ

Citations:

[2001] EWCA Civ 245, [2001] PNLR 573, [2002] 1 WLR 581, [2001] Lloyd’s Rep PN 290, 78 Con LR 1, [2001] PNLR 23, (2001) 17 Const LJ 262, [2001] CP Rep 66, [2001] 9 EGCS 229, [2001] NPC 36, [2001] Lloyds Rep PN 290

Links:

Bailii

Statutes:

Limitation Act 1980 32

Jurisdiction:

England and Wales

Citing:

DoubtedJames Brocklesby v Armitage and Guest (a Firm) CA 9-Jul-1999
A failure by an adviser to make his position clear when he thought he had been negligent, could constitute a ‘deliberate’ act within section 32 even if the defendant’s actions were not motivated by any intention to deceive the claimant: ‘it is not . .

Cited by:

Appeal fromCave v Robinson Jarvis and Rolf (a Firm) HL 25-Apr-2002
An action for negligence against a solicitor was defended by saying that the claim was out of time. The claimant responded that the solicitor had not told him of the circumstances which would lead to the claim, and that deliberate concealment should . .
CitedEzekiel v Lehrer CA 30-Jan-2002
The applicant claimed that his solicitor had been negligent with regard to the execution of a mortgage. The solicitor said his claim was time barred. The claimant said the solicitor had hidden the true situation from him, and the solicitor replied . .
Lists of cited by and citing cases may be incomplete.

Limitation, Professional Negligence

Updated: 23 May 2022; Ref: scu.135565

Crosse and Crosse (A Firm) v Lloyds Bank Plc: CA 16 Mar 2001

Solicitors appealed a finding of professional negligence in the purchase of land which had been subject to restrictive covenants which had not been disclosed to the bank, saying that time had begun to run against the bank at a time when the bank accepted new clients as debtors under the security.

Judges:

Potter LJ, Sedley LJ, Jonathan Parker LJ

Citations:

[2001] EWCA Civ 366

Links:

Bailii

Statutes:

Limitation Act 1980 5 14A

Jurisdiction:

England and Wales

Professional Negligence, Limitation

Updated: 23 May 2022; Ref: scu.135534

Glaister v Greenwood: ChD 26 Feb 2001

Judges:

Collins J

Citations:

[2001] EWHC Ch 453, [2001] PNLR 602

Links:

Bailii

Cited by:

CitedAdams v Bracknell Forest Borough Council HL 17-Jun-2004
A attended the defendant’s schools between 1977 and 1988. He had always experienced difficulties with reading and writing and as an adult found those difficulties to be an impediment in his employment. He believed them to be the cause of the . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Limitation

Updated: 23 May 2022; Ref: scu.135552

Corbett (As Administrator of the Estate of Miss N A Tresawna (Deceased)) v Bond Pearce (a Firm): CA 11 Apr 2001

The testatrix had executed her will, but the will was dependent upon deeds of gift first taking place. The will was only later dated, once the deeds had been put into effect.

Citations:

[2001] EWCA Civ 531

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedOtter v Church Adams Tatham and Co ChD 1953
The plaintiff was sole administratix of her son’s estate. He had died on active service intestate. She claimd negligence on the part of the solicitors, saying they were in breach of their duty to exercise care and skill as solicitors, having failed . .
CitedWhite and Another v Jones and Another HL 16-Feb-1995
Will Drafter liable in Negligence to Beneficiary
A solicitor drawing a will may be liable in negligence to a potential beneficiary, having unduly delayed in the drawing of the will. The Hedley Byrne principle was ‘founded upon an assumption of responsibility.’ Obligations may occasionally arise . .
Appeal fromCorbett (As Administrator of the Estate of Miss N A Tresawna (Deceased)) v Bond Pearce (a Firm) ChD 25-May-2000
The testatrix had executed her will, but it was left undated pending preparation and execution of a second deed. The will failed, and her executors sought damages from her solicitors for negligence. . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Wills and Probate

Updated: 23 May 2022; Ref: scu.135244

Tabarrok v E D C Lord and Co (A Firm): CA 14 Feb 1997

The appellant wanted to open a pizza restaurant. He and his partners acquired a company for the purpose, which was to take a lease of premises. They sought advice from the defendants who, they said, failed to advise them of the need to be aware of dilapidations and the risks of entering into possession before the lease was formally executed.
Held: The appeal was dismissed. When the claimant executed the guarantee he knew already of the risk of liability for dilapidations. The limitation period runs from when damage arises, in this case from the giving of the negligent advice to sign a guarantee. The requested addition of the new party did not arise from an earlier mistake but from the assignment to the plaintiff. The amendment should not be allowed.
Aldous LJ said: ‘Negligent advice which results in a person giving a security by way of a charge over property or a guarantee can cause damage even before the surety is called in or before the person comes to have to honour the guarantee. That can be demonstrated by taking a case which arose in argument, when a company guarantees the loans of another company. That guarantee would have to be disclosed in the company’s accounts as it would be a liability affecting the value of the shares. If the guarantee was entered into upon negligent advice, then the loans might well have to be paid and the guarantee honoured. Thus, the potential liability of the guarantor would be greater with consequent diminution of the value of the company. ‘
Schiemann LJ said: ‘A guarantor cannot be sued on the guarantee by the creditor until there has been default by the principal debtor. It does not follow that the guarantor has not got a right of action in tort against a solicitor who allegedly negligently advised him to enter into the guarantee prior to that time. He may prefer to wait and see whether he is in fact called upon to pay but, as it seems to me, he can sue his solicitor earlier. If he does the trial judge must do what he can to assess the chance of the surety being called upon to pay under the guarantee. If this is significant, then the judge will assess the damage on the basis of the degree of probability of the surety being held liable to pay a particular sum. ‘

Judges:

Hirst LJ, Aldous LJ, Schiemann LJ

Citations:

Times 14-Feb-1997, [1997] EWCA Civ 951

Jurisdiction:

England and Wales

Citing:

CitedWelsh Development Agency v Redpath Dorman Long Ltd CA 4-Apr-1994
A new claim was not deemed to have been made until the pleading was actually amended for limitation purposes, and should not be allowed after the limitation period had expired. The date of the application for leave to amend was not at issue. The . .
CitedLep Air Services v Rolloswin Investments Ltd; Moschi v LEP Air Services HL 1973
The obligation of a guarantor under a contract ‘is not an obligation himself to pay a sum of money to the creditor, but an obligation to see to it that another person, the debtor, does something.’ When a repudiatory breach is accepted by the injured . .
CitedDW Moore and Co Ltd v Ferrier CA 1988
A solicitor was instructed to prepare an agreement providing for the introduction of a new working director into an insurance broking business carried on by a company. His instructions called for the new director to enter into a restrictive covenant . .
CitedForster v Outred and Co CA 1981
A mother signed a mortgage deed charging her property to H as security for a loan to her son. She claimed the solicitor had been negligent in his advice. The solicitor replied that the claim was out of time. The loss accrued not when demand for . .
CitedBaker v Ollard and Bentley CA 12-May-1982
The plaintiff and a Mr and Mrs Bodman agreed to buy a house. The plaintiff intended to live on the first floor and the Bodmans on the ground floor. The solicitor should have advised them to convey the freehold into their joint names and then to . .
CitedHancock Shipping Limited v Kowaski Heavy Industries CA 1992
Leave was sought by the plaintiffs to amend their points of claim in circumstances where it was common ground that the amendments would introduce new causes of action which, if brought in new proceedings, would have been statute-barred. Held . .
Lists of cited by and citing cases may be incomplete.

Limitation, Professional Negligence

Updated: 20 May 2022; Ref: scu.89686

Clark v Braintree Clinical Services Ltd: QBD 9 Nov 2015

Claimant’s application for an order debarring the defendant from relying on the second report from their expert and the defendant’s application to withdraw its ‘admission’ in relation to breach of duty in para 5 of their defence.

Judges:

Burrell QC HHJ

Citations:

[2015] EWHC 3181 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice, Professional Negligence

Updated: 20 May 2022; Ref: scu.555024

Penn v Bristol and West Building Society and Others: CA 24 Apr 1997

The solicitor innocently accepted instructions to sell a property, but was misled as to the identity of the wife – one of the joint owners. Unknown to him, however, Mr Penn had forged his wife’s signature on the contract documents. He was sued by the lender to the buyer (who had also been involved in the fraud).
Held: The Solicitor acting for vendor was to be held liable as having given a warranty that he was instructed by the true owners.
Waller LJ having said that the solicitor thought he was acting for the wife as well as the husband and, in all the pre-contract correspondence, negotiations and completion, held himself out as duly authorised by the husband and wife jointly, held that the building society had to establish that a promise had been made to it by the agent, to the effect that the agent had the authority of the principal, and that it had provided consideration by acting in reliance on that promise. He concluded that all the necessary ingredients were present for establishing a warranty by the solicitor in favour of the building society that the solicitor had the authority of Mrs Penn.

Judges:

Staughton, Waite, Waller LJJ

Citations:

Times 24-Apr-1997, [1997] 3 All ER 470, [1997] EWCA Civ 1416, [1997] 1 WLR 1356, [1997] PNLR 607

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fromPenn v Bristol and West Building Society and Others ChD 19-Jun-1995
Solicitors acting for a vendor were liable to the buyers’ mortgagees for breach of warranty of authority for vendor. The solicitor was negligent in not having verified the instructions from the wife who was the joint tenant. . .

Cited by:

Appealed toPenn v Bristol and West Building Society and Others ChD 19-Jun-1995
Solicitors acting for a vendor were liable to the buyers’ mortgagees for breach of warranty of authority for vendor. The solicitor was negligent in not having verified the instructions from the wife who was the joint tenant. . .
CitedA and J Fabrications (Batley) Ltd v Grant Thornton and Others ChD 1998
The plaintiffs, the majority creditors of a company in liquidation, alleged that they had agreed with Grant Thornton, the defendants, to support the appointment of one of the firm’s partners or employees as liquidator of the company, with a view to . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Professional Negligence

Updated: 19 May 2022; Ref: scu.84653

Law Society v KPMG Peat Marwick and Others: CA 29 Jun 2000

The respondent accountants had certified accounts for a firm of solicitors whose dishonest defaults later lead to substantial claims on the compensation fund set up by the claimants.
Held: The Law Society who collected funds from the profession at large and would have to pay out compensation were clearly owed a duty of care by the respondents.

Citations:

Times 04-Jul-2000, Gazette 27-Jul-2000, [2000] 1 All ER 515, [2000] 1 WLR 1921, A3/2000/0175, [2000] EWCA Civ 5563

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fromLaw Society v KPMG Peat Marwick and Others ChD 3-Nov-1999
An accountant, auditing a firm of solicitors, and providing a certificate to the Law Society knew that the Society and its compensation fund would rely upon that certificate and so owed it a duty of care. A negligently given certificate could lead . .

Cited by:

CitedLaw Society v Sephton and Co (a Firm) and Others HL 10-May-2006
A firm of solicitors had a member involved in a substantial fraud. The defendant firm of accountants certified the firm’s accounts. There were later many calls upon the compensation fund operated by the claimants, who sought recovery in turn from . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Legal Professions

Updated: 19 May 2022; Ref: scu.82963

Hirst v Etherington and Another: CA 21 Jul 1999

A solicitor, who re-assured a lender that his guarantee of a borrower’s loan, was given by him in the normal course of business, was not in fact so acting. The lender, if wanting to rely upon that re-assurance to claim against the solicitor’s partner, was to show reasonable care and competence in assessing whether the assurance was given in the normal course of a solicitor’s practice.

Citations:

Times 21-Jul-1999, Gazette 11-Aug-1999, [1999] EWCA Civ 1850, [1999] Lloyds Rep PN 938

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedJ J Coughlan Ltd v Ruparelia and others CA 21-Jul-2003
The defendant firm of solicitors had acted in a matter involving a fraud. One partner was involved in the fraud. The claimants sought to recover from the partnership.
Held: ‘The issue is not how the transaction ought properly to be described, . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Professional Negligence

Updated: 19 May 2022; Ref: scu.81393

Eagle Trust Plc v SBC Securities Ltd; Same v Sbci Bank Corporation Investment Banking Ltd: ChD 28 Sep 1994

A financial adviser was not liable in negligence for the allegedly negligent selection of sub-underwriters. On the issue of knowing receipt in a claim for restitution, ‘What the decision in Belmont (No 2) . . shows most clearly is that in a ‘knowing receipt’ case it is only necessary to show that the defendant knew that the monies paid to him were trust monies and of circumstances which made the payment a misapplication of them. Unlike a ‘knowing assistance’ case it is not necessary, and never had been necessary, to show that the defendant was in any sense a participator in the fraud.’

Judges:

Vinelott J

Citations:

Independent 28-Sep-1994, [1993] 1 WLR 484

Citing:

CitedBelmont Finance Corporation Ltd v Williams Furniture Ltd (No 2) 1980
It had been alleged that there had been a conspiracy involving the company giving unlawful financial assistance for the purchase of its own shares.
Held: Dishonesty is not a necessary ingredient of liability in an allegation of a ‘knowing . .

Cited by:

ApprovedBank of Credit and Commerce International (Overseas) Ltd and Another v Akindele CA 22-Jun-2000
The test of whether a person who received funds held them on constructive trust, was not whether he himself was dishonest, but rather whether he had knowledge of circumstances which made it unconscionable to hold on to the money received. In respect . .
CitedCriterion Properties Plc v Stratford UK Properties and others CA 18-Dec-2002
The parties came together in a limited partnership to develop property. The appeal was against a refusal to grant summary judgment on a claim that one party had been induced to enter the contract by a fraudulent misrepresentation.
Held: In . .
CitedCriterion Properties Plc v Stratford UK Properties Llc and others ChD 27-Mar-2002
Criterion sought to set aside a shareholders agreement. Their partner had said they were concerned that another party was taking Criterion over and that this would put at risk their working relationships. The agreement sought to add a poison pill to . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Equity

Updated: 19 May 2022; Ref: scu.80209

Curry’s Group Plc v Martin: QBD 13 Oct 1999

The valuer valued a lease for a rent review clause, after advice, on the basis that the rent stated was to be a headline rent. The claim was dismissed because a valuer acting in such a situation was not substantially different from one undertaking a valuation. Valuation remained an uncertain art particularly where different bases of valuation might be appropriate. Possible incentives payable by the landlord were relevant considerations. The submission made on its behalf was that it was sufficient to show that the defendant was negligent in his methodology in a way that was adverse to it, and that damages are recoverable even though the rent determined was one that a reasonably competent surveyor could have determined. That submission was firmly based on Lion Nathan. The claimant submitted that Merivale Moore was decided per incuriam, on the ground that Lion Nathan did not appear to have been cited.
Held: It was inconceivable that Lion Nathan overlooked Merivale. The doctrine of per incuriam does not apply to decisions of the Privy Council. He therefore held that he was bound to follow the ratio of Merivale Moore.

Judges:

Mr Michael Harvey QC

Citations:

Gazette 13-Oct-1999, [1999] 3 EGLR 165

Citing:

CitedLion Nathan Limited and others v C C Bottlers Limited and others PC 14-May-1996
(New Zealand) A company was sold with a warranty that the sales figures would meet projected earnings. The purchaser successfully complained after the event that the figures were false and misleading. They appealed an order increasing the damages on . .
CitedMerivale Moore Plc; Merivale Moore Construction Limited v Strutt and Parker (a Firm) CA 22-Apr-1999
An agent valuing a commercial property and estimating the return to be obtained without qualification, was responsible in damages where the clients would not have proceeded on properly qualified advice. The process of valuation does not admit of . .

Cited by:

CitedGoldstein v Levy Gee ( A Firm) ChD 1-Jul-2003
There had been a dispute between shareholders, and the defendant was called upon to value the company. He issued a tender for valuers to value the properties. Complaint was made that the tender was negligent in its description of the basis for . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 19 May 2022; Ref: scu.79716

Margaret Patricia Briody v St Helens and Knowlsey Heath Authority: QBD 21 Jan 2000

The claimant having become unable to have children through the negligence of the Authority, claimed in damages the cost of arranging a paid surrogacy arrangement abroad. Such arrangements here were void and unenforceable, and it would be against public policy to award them. In this case, the chances of success were also still very small. Such a claim, properly made might be recoverable under other circumstances.

Judges:

The Hon. Mrs Justice Ebsworth Dbe

Citations:

Gazette 03-Feb-2000, Times 01-Mar-2000, [2000] EWHC QB 178

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appealed toBriody v St Helens and Knowlsey Area Health Authority CA 29-Jun-2001
The appellant had claimed and been awarded damages for a negligently performed caesarean operation. She had been refused damages for the cost of later going to California to go through a commercial surrogacy procedure.
Held: Such claims were . .

Cited by:

Appeal fromBriody v St Helens and Knowlsey Area Health Authority CA 29-Jun-2001
The appellant had claimed and been awarded damages for a negligently performed caesarean operation. She had been refused damages for the cost of later going to California to go through a commercial surrogacy procedure.
Held: Such claims were . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Professional Negligence, Damages

Updated: 18 May 2022; Ref: scu.78586

Aylwen v Taylor Joynson Garrett: CA 19 Jul 2001

The claimant sought damages for negligence against solicitors for failing to complete a purchase and to keep her informed of all relevant matters. She sought damages for the loss of the profit she might have made had she purchased the property and resold it. The solicitors applied for and were granted summary judgment against her on the basis that the losses were to be assessed at the date of the negligence alleged, and that she therefore had no losses as such. She could have invested the money she had not spent in other property.
Held: Her appeal was dismissed. There was no evidence that the property was in any way unique, nor that she could not have invested her money in other property.

Judges:

Arden LJ

Citations:

Gazette 19-Jul-2001, [2001] EWCA Civ 1171

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See AlsoAylwen v Taylor Joynson Garrett (A Firm) CA 21-Feb-2001
. .

Cited by:

CitedSawyer v Atari Interactive Inc CA 2-Mar-2007
The claimant designed games software and complained of infringements by the defendant of licensing agreements by failing to allow audits as required.
Held: The defendant should be allowed to be heard on the standard practices for management of . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages, Professional Negligence

Updated: 18 May 2022; Ref: scu.78035

Phillips v Ward: CA 1956

A negligent survey had been provided to prospective purchasers of a house. It would have cost andpound;7,000 to put the property into the condition in which it had been described in the report.
Held: The correct measure of damages was not andpound;7,000 but andpound;4,000. The latter figure represented the difference between the value of the property as it should have been described at the time of its acquisition and its value as described.
Denning LJ stated that: ‘The general principle of English law is that damages must be assessed at the date when the damage occurred, which is usually the same day as the cause of action arises . . ‘ and ‘The proper measure of damages is . . the difference between the value in its assumed good condition and the value in the bad condition which should have been reported to the client.’

Judges:

Denning LJ

Citations:

[1956] 1 WLR 471, [1956] 1 All ER 874

Cited by:

CitedDowns and Another v Chappell and Another CA 3-Apr-1996
The plaintiffs had suceeded in variously establishing claims in deceit and negligence, but now appealed against the finding that no damages had flowed from the wrongs. They had been sold a business on the basis of incorrect figures.
Held: . .
Lists of cited by and citing cases may be incomplete.

Damages, Professional Negligence

Updated: 18 May 2022; Ref: scu.567831

Ward v The Leeds Teaching Hospital NHS Trust: QBD 2004

The court considered a claim by a mother who had witnessed her 22 year old daughter motionless in the recovery unit after failing to emerge from anaesthesia following a routine operation to remove a wisdom tooth. Four events said to be shocking were relied upon:
(a) Seeing Catherine motionless in the recovery unit and touching her hand;
(b) Seeing her in the intensive care unit with a variety of tubes present;
(c) Seeing her in the chapel of rest bleeding from her ears with her neck and chest area bruised as if she had been battered;
(d) Being informed that the brain would be kept for examination.
Held: The judge was to decide whether Mrs Ward had suffered PTSD. He said this of the evidence of the Defendants’ consultant psychiatrist: ‘Dr Reveley’s opinion as to PTSD is founded upon a wide experience of reporting upon incidents which without question met the relevant criteria for PTSD – Kings Cross, Hillsborough and other such major disasters. Her insistence that a necessary criterion must be a clearly shocking event of a particularly horrific nature seemed to me to accord with the diagnostic criteria produced in evidence. An event outside the range of human experience, sadly, does not it seems to me encompass the death of a loved one in hospital unless also accompanied by circumstances which were wholly exceptional in some way so as to shock or horrify. Mrs Ward’s own descriptions of these incidents did not strike me as shocking at the time in that sense, although undoubtedly they were distressing. To describe an event as shocking in common parlance is to use an epithet so devalued that it can embrace a very wide range of circumstances. But the sense in which it is used in the diagnostic criteria for PTSD must carry more than that colloquial meaning.’

Judges:

Hawkesworth QC HHJ

Citations:

[2004] EWHC 2106 (QB)

Cited by:

CitedLiverpool Women’s Hospital NHS Foundation Trust v Ronayne CA 17-Jun-2015
The respondent was an experienced ambulance driver. His wife underwent emergency treatment at the appellant’s hospital. He had claimed as a secondary victim for the distress he suffered witnessing her suffering.
Held: The hospital’s appeal . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 18 May 2022; Ref: scu.567372

Arthur J S Hall and Co (A Firm) v Simons etc: CA 14 Dec 1998

The court considered the limits on liability for professional negligence for lawyers in conduct associated with litigation, but outside the courtroom.
Held: Though the court must balance the need for protection against negligence by lawyers with the need to avoid re-litigation of issues settled by courts, case law dictates some exemptions, but these must be limited and any doubt resolved against the practitioner.

Judges:

Lord Bingham of Cornhill LCJ, Mottitt LJ, Waller LJ

Citations:

Times 18-Dec-1998, [1998] EWCA Civ 1943, [1999] 3 WLR 873, [1998] EWCA Civ 3539, [1999] 1 FLR 536, [1999] PNLR 374, [1999] 2 FCR 193, [1998] NPC 162, [1999] Fam Law 215, [1999] Lloyd’s Rep PN 47

Links:

Bailii, Bailii, Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal fromArthur JS Hall and Co (A Firm) v Simons; Barratt v Woolf Seddon (A Firm); Harris v Schofield Roberts and Hill (A Firm) HL 20-Jul-2000
Clients sued their solicitors for negligence. The solicitors responded by claiming that, when acting as advocates, they had the same immunities granted to barristers.
Held: The immunity from suit for negligence enjoyed by advocates acting in . .
CitedWorldwide Corporation Limited v Marconi Communications Ltd (Formerly Gpt Limited) and Gpt (Middle East) Limited CA 21-Jun-1999
Counsel, giving assurances in open court on behalf of his client, bound that client. This applied even though counsel might have been negligent, and / or might, in turn, be immune from suit. Courts must be able to rely, and act, upon assurances . .
CitedWorldwide Corporation Limited v Marconi Communications Limited (Formerly GPT Limited) and GPT (Middle East) Limited 22-Jun-1999
Application for leave to appeal. Original leading counsel had consented to the abandonment of parts of the claim. New leading counsel now sought to revive them.
Held: The claim had little prospect of success. Leave to appeal refused. . .
CitedXydhias v Xydhias CA 21-Dec-1998
The principles of contract law are of little use when looking at the course of negotiations in divorce ancillary proceedings. In the case of a dispute the court must use its own discretion to determine whether agreement had been reached. Thorpe LJ . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Professional Negligence

Updated: 17 May 2022; Ref: scu.77881

Al-Sabah v Ali and Others: ChD 3 Feb 1999

The solicitor employers of a solicitor who had acted under powers of attorney in transactions between the attorney and the principal which later proved fraudulent were negligent. The Land Registry was liable for the balance of damage suffered. Mance J: ‘.. the answer to this problem seems to lie in recognising that, for dishonest assistance, the defendant’s dishonesty must have been towards the plaintiff in relation to property held or potentially held on trust or constructive trust, rather than the introduction of a separate criterion of knowledge of any such trust.’

Judges:

Mance J

Citations:

Gazette 03-Feb-1999, [1999] CLC 1469,

Statutes:

Land Registration Act 1925 83

Cited by:

CitedUltraframe (UK) Ltd v Fielding and others ChD 27-Jul-2005
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 17 May 2022; Ref: scu.77768

Alliance and Leicester Plc v Lewis: CA 17 Feb 1999

The issue of proceedings within only 12 days of six year limitation period followed by an 18 month delay was not under the present rules sufficient to warrant a strike out, since insufficient prejudice shown, but would probably under the new rules.

Citations:

Gazette 17-Feb-1999

Jurisdiction:

England and Wales

Professional Negligence

Updated: 17 May 2022; Ref: scu.77750

Governors of the Hospital of Sick Children v McLaughlin and Harvey plc: 1987

Citations:

(1987) Con LR 25

Cited by:

CitedFinecard International Ltd (T/A the Ninja Corporation) v Urquhart Dyke and Lord (A Firm) and Another ChD 10-Nov-2005
The defendants sought an interim ruling that they were not the cause of the claimant’s losses. They had acted as patent agents to license to exploit the claimant’s patent in the UK. They alleged that the failure to complete the registration of the . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 17 May 2022; Ref: scu.234848

Vision Golf v Weightmans (a Firm): ChD 26 Jul 2005

The defendant solicitors were joint tortfeasors, having failed to make an application to court in a timely fashion, when it might have succeeded. It defended the claim saying that had the claimant issued proceedings against a second firm that firm would also have been liable.
Held: The ‘but for test’ set out in Iraqi Airways was satisfied in this case. The claim fell within the purpose of the law imposing liability for professional negligence. Nothing prevented the claim against the defendant. The possible liability of a second party did not absolve the defendant.

Judges:

Lewison J

Citations:

Times 01-Sep-2005

Citing:

CitedKuwait Airways Corporation v Iraqi Airways Company and Others (Nos 4 and 5) HL 16-May-2002
After the invasion of Kuwait, the Iraqi government had dissolved Kuwait airlines, and appropriated several airplanes. Four planes were destroyed by Allied bombing, and 6 more were appropriated again by Iran.
Held: The appeal failed. No claim . .

Cited by:

CitedFinecard International Ltd (T/A the Ninja Corporation) v Urquhart Dyke and Lord (A Firm) and Another ChD 10-Nov-2005
The defendants sought an interim ruling that they were not the cause of the claimant’s losses. They had acted as patent agents to license to exploit the claimant’s patent in the UK. They alleged that the failure to complete the registration of the . .
See AlsoVision Golf Ltd v Weightmans (A Firm) ChD 21-Jul-2006
. .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 17 May 2022; Ref: scu.229997

County Personnel (Employment Agency) v Pulver (Alan R) and Co: CA 1987

The parties were negotiating for an under-lease. The lease provided for rent to increase along with rent reviews under the head lease. The solicitors failed to ascertain the rent under the head lease, to advise his client to have the property valued, or to explain the unusual clause. The rent was reviewd to an uneconomic rent, and the client sued his solicitor for negligence. He appealed dismissal of his claim.
Held: The solicitor was negligent. In exercising reasonable professional judgement he should have alerted his client to the consequences of the unusual clause. As to damages, the court was not restricted to the diminution in value. The plaintiff was entitled also to the costs of surrender and possibly to the cost of a lease whch would be saleable.

Citations:

[1987] 1 All ER 289

Cited by:

CitedNeighbour v Barker CA 1992
Purchasers had set out to buy the property without having a survey, relying upon representations as to its condition, later found to be fraudulent, from the vendor. The condition was discovered only after exchange of contracts. The purchasers’ . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 16 May 2022; Ref: scu.219184

Clarke v Bruce Lance and Co: CA 1988

The defendant solicitors drafted a will, which the testator executed in 1973. The testator later granted a lease of a service station which had been disposed of in the will, and then granted an option for its purchase at a fixed price, which the solicitors handled. In 1978 the solicitors were retained by the testator to act on his behalf in drawing up a variation to the lease to include an option to purchase in favour of the lessee at a fixed price. The testator died in 1981. By that time the value of the service station had increased substantially. The plaintiff brought an action against the solicitors claiming damages for negligence, contending that the solicitors had breached the duty they owed to the testator, and to the plaintiff beneficiary knowing that his interest would be affected, and to advise the testator that the fixed price option was an uncommercial transaction.Held: A solicitor had no duty of care to a beneficiary when arranging a transaction subsequent to the will which would adversely affect the value of the gifted property.
Balcombe LJ said: ‘If the defendants were under a liability to a potential beneficiary of the property, it cannot have been to the plaintiff alone. As a matter of logic, the plaintiff, at the time of the grant of the option, was in no different a position vis-a-vis the defendants than anyone to whom the testator might have given the property during his lifetime, or to whom it might pass under his will or intestacy. So if the defendants owed a duty to anyone other than their client, the testator, it must have been to the whole of this indeterminate class of potential donees or beneficiaries. It would indeed have exposed them to a liability in an indeterminate amount for an indeterminate time to an indeterminate class.’ He rejected that argument.
. . And ‘Far from the interests of the testator and the plaintiff marching hand in hand, there was an obvious conflict of interest. Supposing the defendants had warned the testator that the option he wished to grant Hoare was improvident from the point of view of the persons who might ultimately become entitled to the property after the testator’s death, then in the context of the fact that the option formed but one term of a larger transaction (the deed of variation) into which the testator wished to enter, he might well have instructed the defendants to go ahead in any event. But if they owed a duty of care to the plaintiff, they would have been bound to try and dissuade him: an intolerable position for any solicitor.’

Judges:

Balcombe LJ

Citations:

[1988] 1 All ER 364, [1988] 1 WLR 881, [1989] ANZ Conv R 25, (1988) 85 LSG 37

Jurisdiction:

England and Wales

Citing:

DistinguishedGartside v Sheffield Young and Ellis 1983
(New Zealand) The court discussed the potential liability of a solicitor having failed to prepare an effective will: ‘To deny an effective remedy in a plain case would seem to imply a refusal to acknowledge the solicitor’s professional role in the . .

Cited by:

CitedDean v Allin and Watts (a Firm) CA 23-May-2001
An unsophisticated lender running the business of a car mechanic wanted to lend money to borrowers on the security of real property owned by an associate of the borrowers. The borrowers instructed the defendant solicitors to give effect to this . .
CitedRind v Theodore Goddard (A Firm) and others ChD 11-Mar-2008
. .
CitedMatthews v Hunter and Robertson Ltd SCS 11-Jun-2008
. .
CitedVinton and Others v Fladgate Fielder (A Firm) and Another ChD 30-Apr-2010
. .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Wills and Probate

Updated: 16 May 2022; Ref: scu.188810

Loosemore v Financial Concepts: 2001

The skill and care to be expected of a financial advisor would ordinarily include compliance with the rules of the relevant regulator.

Judges:

Raymond Jack QC

Citations:

[2001] Lloyds PNLR 235

Jurisdiction:

England and Wales

Cited by:

CitedGreen and Another v The Royal Bank of Scotland Plc CA 9-Oct-2013
The claimants appealed against a claim that they had been mis-sold interest rate swap arrangements by their bankers, thereby suffering losses. . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Financial Services

Updated: 15 May 2022; Ref: scu.516356

Thomson v Christie Manson and Woods Ltd and Another: QBD 2004

Two urns had been auctioned as ‘a pair of Louis XV porphyry and gilt-bronze two-handled vases’. The buyer claimed that this was false. The parties agreed Christie’s had impliedly represented that it had reasonable grounds for its opinion.
Held: Jack J said: ‘The representation is not simply that the urns were Louis XV because that is a matter of opinion. The representation is that that was Christie’s opinion and that Christie’s had reasonable grounds for that opinion. This approach was not in issue between Ms Thomson and Christie’s and in my view is sound in principle’.

Judges:

Jack J

Citations:

[2004] EWHC 1101 (QB), [2004] PNLR 42

Jurisdiction:

England and Wales

Cited by:

Appeal fromThomson v Christie Manson and Woods Ltd and Another CA 12-May-2005
Claim against auctioneers – antique vases – possible copies. Both parties appealed against elements of the judgment. . .
CitedAvrora Fine Arts Investment Ltd v Christie, Manson and Woods Ltd ChD 27-Jul-2012
The claimants had bought a painting (Odalisque) through the defendant auctioneers. They now claimed that it had been misattributed to Kustodiev, and claimed in negligence and misrepresentation.
Held: Based on the connoisseurship evidence, the . .
Lists of cited by and citing cases may be incomplete.

Contract, Professional Negligence

Updated: 15 May 2022; Ref: scu.463308

Deeny and Others v Gooda Walker Ltd (In Voluntary Liquidation) and Others: QBD 5 Oct 1994

Names at Lloyds could reasonably expect due skill and care to be exercised in the choice of risks accepted on their behalf by underwriters. Incompetence in the writing of ‘excess of loss’ business gave rise to claim for negligence.

Citations:

Times 07-Oct-1994, Independent 05-Oct-1994

Professional Negligence, Insurance

Updated: 15 May 2022; Ref: scu.79875

Derry v Ministry of Defence: QBD 8 Jun 1998

A military doctor has exemption under Crown Immunity, from liability from his failure to diagnose and treat ocular cancer properly, and the exemption applied even though the medical condition pre-existed the treatment. The cause of action lay in the failure to diagnose.

Citations:

Times 08-Jun-1998

Statutes:

Crown Proceedings Act 1947

Cited by:

Appeal fromDerry v Ministry of Defence CA 18-Mar-1999
Where an army doctor was accused of failing to diagnose a serviceman’s ocular cancer, the negligence which caused the consequent injury was caused by the delay in a correct diagnosis, and the treatment fell within the scope of Crown Immunity. . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Health Professions, Armed Forces

Updated: 15 May 2022; Ref: scu.79928

Clunis v Camden and Islington Health Authority: QBD 12 Dec 1996

The plaintiff brought proceedings against the defendant health authority for negligence and breach of duty of care on the ground that, if he had been properly treated, he would not have killed his victim and would not have been convicted of the offence of manslaughter. He alleged that the consequence of the defendant’s breach of duty was that he would be detained for longer than he otherwise would have been under section 3 MHA 1983 and that he was unlikely to regain his liberty for many years. His case was that his damages were caused by or directly related to his criminal sentence. The defendant applied for an order striking out the plaintiff’s claim on the ground that the claim was based substantially, if not entirely, upon the plaintiff’s own illegal act.
Held: The strike out was refused. A claimant may make a claim for self inflicted harm if that had been induced by the failure to provide treatment for his mental health.

Citations:

Times 27-Dec-1996

Jurisdiction:

England and Wales

Cited by:

Appeal fromClunis (By his Next Friend Prince) v Camden and Islington Health Authority CA 5-Dec-1997
The plaintiff had killed someone and, as a result, been convicted of manslaughter and ordered to be detained in a secure hospital when subject to after-care under section 117 of the 1983 Act. He sought damages from the health authority on the basis . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 15 May 2022; Ref: scu.79233

A and J Fabrications (Batley) Ltd v Grant Thornton and Others: ChD 1998

The plaintiffs, the majority creditors of a company in liquidation, alleged that they had agreed with Grant Thornton, the defendants, to support the appointment of one of the firm’s partners or employees as liquidator of the company, with a view to investigating the conduct of the directors, and to pay Grant Thornton’s fees up to an initial limit of pounds 5,000. A Grant Thornton member was appointed. The plaintiffs claimed damages for breach of contract, and for negligence.
Held: Ordinarily, outside creditors cannot sue a liquidator in negligence. Claims have succeeded for either a direct contract with the liquidator or as a result of the negligence and the creditors have suffered some special damage over and above other creditors.
The submission that the plaintiffs should have sued the liquidators personally, on the footing that only they, and not the firm, possessed the powers which the plaintiffs alleged had been negligently exercised was misconceived.
Jacobs J said: ‘It is true that it is employees of the firm who were the liquidators, but they only took their position as such by virtue of the contract between the plaintiff[s] and Grant Thornton. Grant Thornton, in accepting the consideration of pounds 5,000, were contracting to put their man in as liquidator. Of course once in as liquidator he would owe his duties to the company. But there is nothing inconsistent between the pleaded contract and the employee having duties to the company. The pleaded contract is, in short, that the employee/liquidator undertakes to do a proper job as liquidator. That is what Grant Thornton contracted would happen.’
On the alternate claim in negligence, it was submitted that outside special circumstances, a liquidator owes no general duty of care to creditors. Jacob J said: ‘As a generality, that may well be true, but in two cases the courts have recognised that a liquidator is under a direct duty to creditors, or owes a direct duty to creditors.’
‘Given there is a duty on these liquidators to get the money in, there was a duty to investigate what money could be got in. The pleading says they failed in that duty; in particular, they failed to keep the plaintiffs informed of the state of their investigations, and did so for such a long time that any possibility of a claim became statute-barred. [Counsel for Grant Thornton] says, again, that the plaintiffs have got the wrong party. If there was a duty in tort it was a duty on the individual liquidators, and they should be the defendants. No doubt they could be, but it seems to me that once those defendants were put in as Grant Thornton men, Grant Thornton owed a duty coterminous and dependent upon the duties of the individual liquidators to these plaintiffs.’
As to a duty under section 212, there was no reason why that statutory remedy should exclude common law remedies in contract or tort: ‘Those who undertake the task of being liquidators should reasonably expect to have to do their job properly, and should reasonably expect that if they do not do so they are answerable to those ultimately for whom they are acting, namely the creditors.’

Judges:

Jacobs J

Citations:

Times 05-Aug-1999, Gazette 11-Aug-1999, [1998] 2 BCLC 227

Statutes:

Insolvency Act 1986 212

Jurisdiction:

England and Wales

Citing:

CitedPulsford v Devenish ChD 1903
The liquidator in a voluntary liquidation negligently failed to inform the company’s creditors of the liquidation, and distributed the company’s assets to its contributories without regard to the creditors’ claims. The company was later dissolved. . .
CitedJames Smith and Sons (Norwood) Ltd v Goodman CA 1936
Two leases had been granted by the plaintiff to a company. Subsequently the company determined the leases but it had previously assigned the leases to a third party. The company went into liquidation and the liquidator distributed its assets. He . .
CitedFirbank’s Executors v Humphryes CA 1886
The plaintiff was induced to enter into a transaction by the someone pretending to be the principal. The defence was that he was the principal’s innocent agent.
Held: Lord Esher MR discussed the warranty of authority: ‘The rule to be deduced . .
CitedWest London Commercial Bank v Kitson 1883
. .
CitedStarkey v The Bank of England HL 1903
Frederick and Edgar Oliver jointly owned Consols and bank stock. Frederick instructed Starkey a stockbroker to sell them. Frederick signed the necessary powers of attorney in his own name and forged Edgar’s signature. Starkey presented the powers of . .
CitedPenn v Bristol and West Building Society and Others CA 24-Apr-1997
The solicitor innocently accepted instructions to sell a property, but was misled as to the identity of the wife – one of the joint owners. Unknown to him, however, Mr Penn had forged his wife’s signature on the contract documents. He was sued by . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Insolvency

Updated: 15 May 2022; Ref: scu.77565

Abbott and Others v Strong and Others: ChD 9 Jul 1998

Where professional adviser gave assistance to another making representation he had no liability to the representee where that person had no reason to know of his contribution and so did not rely upon his professional reputation

Citations:

Times 09-Jul-1998

Jurisdiction:

England and Wales

Professional Negligence

Updated: 15 May 2022; Ref: scu.77606

Perry v Moysey: 1998

Citations:

[1998] PNLR 657

Cited by:

CitedHaward and others v Fawcetts HL 1-Mar-2006
The claimant sought damages from his accountants, claiming negligence. The accountants pleaded limitation. They had advised him in connection with an investment in a company which investment went wrong.
Held: It was argued that the limitation . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 14 May 2022; Ref: scu.238777

RK and MK v Oldham NHS Trust: 2003

Apprehension, fear and discomfort are not generally compensatable.

Judges:

Simon J

Citations:

[2003] Lloyds Rep Med 1

Cited by:

Appeal fromJD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal CA 31-Jul-2003
Damages were sought by parents for psychological harm against health authorities for the wrongful diagnosis of differing forms of child abuse. They appealed dismissal of their awards on the grounds that it was not ‘fair just and reasonable’ to . .
CitedAD and OH (A Child) v Bury Metropolitan Borough Council CA 17-Jan-2006
The claimants, mother and son, sought damages from the respondent after they had commenced care proceedings resulting in the son being taken into temporary care. The authority had wrongly suspected abuse. The boy was later found to suffer brittle . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 14 May 2022; Ref: scu.238720

Redman v Allied Irish Bank: 1987

The duty of care of a banker to its customer is in ‘interpreting, ascertaining and acting on’ instructions given pursuant to the mandate. A bank is not under a concomitant duty to volunteer to its customer advice about the wisdom of a particular transaction.

Judges:

Saville J

Citations:

[1987] 2 FTLR 264

Cited by:

CitedSandra Estelle Fielding v The Royal Bank of Scotland Plc CA 11-Feb-2004
The husband and wife had signed a bank mandate allowing the bank to act upon the authorisation of either of them. The wife complained that the bank should not be able to recover from her any sums expended by the husband.
Held: The mandate . .
Lists of cited by and citing cases may be incomplete.

Banking, Professional Negligence

Updated: 13 May 2022; Ref: scu.194780

Knowles v Scott: 1891

A company’s voluntary liquidator is the company’s agent and no action lies against for delay him save in the case of misfeasance or wilful misconduct. He is not a trustee for the creditors or contributories of a company in liquidation. Nor does he have liability as a trustee dealing with his cestui que trust. Without proof of misfeasance or wilful misconduct no action will lie against him for a delay in distributing the assets of the company. Romer J said: ‘In my view a voluntary liquidator is more rightly described as the agent of the company – an agent who has no doubt cast upon him by statute or otherwise special duties . . If this be the true position of a liquidator, and I think at any rate agency more nearly defines his true position than trusteeship, it is clear that he could not as agent be sued by a third party for negligence apart from misfeasance or personal misconduct.’

Judges:

Romer J

Citations:

[1891] 1 Ch 717, [1891] 60 LJ Ch 284, [1891] 64 LT 135, [1891] WR 523, [1891] 7 TLR 306

Jurisdiction:

England and Wales

Cited by:

CitedOldham and others v Georgina Kyrris and Another CA 4-Nov-2003
The claimant sought to bring a claim against the administrators of a partnership alleging a duty of care to creditors.
Held: Such an administrator owed no greater duty to creditors than would a director. That duty was no different whether the . .
DistinguishedPulsford v Devenish ChD 1903
The liquidator in a voluntary liquidation negligently failed to inform the company’s creditors of the liquidation, and distributed the company’s assets to its contributories without regard to the creditors’ claims. The company was later dissolved. . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Professional Negligence, Company

Updated: 12 May 2022; Ref: scu.190145

Pulsford v Devenish: ChD 1903

The liquidator in a voluntary liquidation negligently failed to inform the company’s creditors of the liquidation, and distributed the company’s assets to its contributories without regard to the creditors’ claims. The company was later dissolved.
Held: The creditors had a claim against the liquidator. The availability of the statutory remedy of a creditor under section 10 and the statutory right of a creditor to apply in a voluntary liquidation under section 138 ceased to exist when the company was dissolved. ‘But the duty to pay the debts is an absolute statutory duty, without limit in point of time and with no provision for the release of the voluntary liquidator.
It is not necessary to resort to trusteeship or equitable doctrines: the case is one of a duty imposed by a statute on an individual for the benefit of a class of persons, namely, creditors and the only peculiarity of the case is that the remedy created by the statute is not co-extensive in point of time with the duty, for the Act permits the destruction of the remedy before the duty has been performed.
Now the principles applicable to such a duty as I have mentioned are well settled and rest on the well-founded assumption that the Legislature does not intend its enactment to be brutum fulmen: if, therefore, a statute creates such a duty but no remedy, an action at common law (in former days action on the case) will lie for breach of such duty.’ and ‘It was urged in argument that the liquidator is merely the agent of the company; but assuming this to be so, I can see nothing inconsistent in the imposition on such agent of a duty to the company’s creditors.’

Judges:

Farwell J

Citations:

[1903] 2 Ch 625

Statutes:

Companies Act 1890 10 138

Jurisdiction:

England and Wales

Citing:

DistinguishedKnowles v Scott 1891
A company’s voluntary liquidator is the company’s agent and no action lies against for delay him save in the case of misfeasance or wilful misconduct. He is not a trustee for the creditors or contributories of a company in liquidation. Nor does he . .

Cited by:

CitedOldham and others v Georgina Kyrris and Another CA 4-Nov-2003
The claimant sought to bring a claim against the administrators of a partnership alleging a duty of care to creditors.
Held: Such an administrator owed no greater duty to creditors than would a director. That duty was no different whether the . .
CitedA and J Fabrications (Batley) Ltd v Grant Thornton and Others ChD 1998
The plaintiffs, the majority creditors of a company in liquidation, alleged that they had agreed with Grant Thornton, the defendants, to support the appointment of one of the firm’s partners or employees as liquidator of the company, with a view to . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Professional Negligence, Company

Updated: 12 May 2022; Ref: scu.190147

Ashcroft v Mersey Regional Health Authority: QBD 1983

The plaintiff had surgery on her ear. The result was a major injury, and she sued in negligence.
Held: The action failed. When alleging negligence in a professional person, the question is whether on a balance of probabilities the plaintiff establishes that the defendant had failed to exercise the appropriate level of care of someone with those special skills in the suituation where those skills were called upon. Where a special skill is claimed, a higher burden of duty lies upn the person exercising it, but the test is applied without a gloss either way.

Judges:

Kilner Brown J

Citations:

[1983] 2 All ER 245

Professional Negligence

Updated: 12 May 2022; Ref: scu.188780

Bentley v Bristol and Western Hospital Authority: 1991

Citations:

[1991] 2 Med LR 359

Cited by:

CitedRoberts vWinbow (3) CA 4-Dec-1998
The plaintiff was treated for depression by the defendant by prescription of drugs. She sufferred a reaction, but now claimed that the doctor’s slow reaction caused her to suffer lasting injury. The question on appeal was, if a plaintiff suffers . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Limitation

Updated: 12 May 2022; Ref: scu.186439

Legal and General Mortgage Services v HPC Professional Services: 1997

The claimant submitted that he was entitled to succeed in his claim gthat a valuation was negligent, either by showing that the valuer’s final figure was outside the bracket within which any competent valuer using reasonable skill and care could have valued the property (‘the result route’), or that by failing to exercise such skill and care he valued the property at an incorrect figure, albeit a figure within the appropriate bracket (‘the method route’).
Held: When looking at a property valuation to see if it was negligently prepared the court first asks whether the result was within the proper range of valuation results. Then once it is shown that the valuation falls outside the ‘bracket’ the plaintiff will by that stage have discharged an evidential burden. It will be for the defendant to show that, notwithstanding that the valuation is outside the range within which careful and competent valuers may reasonably differ, he nonetheless exercised the degree of care and skill which was appropriate in the circumstances.

Judges:

Judge Langan QC

Citations:

[1997] PNLR 567

Jurisdiction:

England and Wales

Cited by:

CitedLloyds TSB Bank Plc v Edward Symmons and Partners TCC 12-Mar-2003
The defendants had carried out a survey and valuation for the claimants, who now sought damages alleging that the valuer had miscalculated the area of the premises, omitting certain areas which would affect the value.
Held: In order to make . .
CitedGoldstein v Levy Gee ( A Firm) ChD 1-Jul-2003
There had been a dispute between shareholders, and the defendant was called upon to value the company. He issued a tender for valuers to value the properties. Complaint was made that the tender was negligent in its description of the basis for . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 12 May 2022; Ref: scu.182924

Singer and Friedlander Ltd v Wood: 1977

Valuers acting competently and professionally may reach widely varying conclusions as to value. There is a permissible margin of error, the ‘bracket’. What can properly be expected from a competent valuer using reasonable care and skill is that his valuation falls within this bracket. A valuation that falls outside the permissible margin of error calls into question the valuer’s competence and the care with which he carried out his task.

Judges:

Watkins J

Citations:

[1977] 2 EGLR 84

Citing:

CitedBolam v Friern Hospital Management Committee QBD 1957
Professional to use Skilled Persons Ordinary Care
Negligence was alleged against a doctor.
Held: McNair J directed the jury: ‘Where some special skill is exercised, the test for negligence is not the test of the man on the Clapham omnibus, because he has not got this special skill. The test . .

Cited by:

CitedZubaida v Hargreaves CA 1995
In the general run of actions for negligence against professional men it is not enough to show that another expert would have given a different answer. The issue is whether the defendant acted in accordance with practices which are regarded as . .
CitedLloyds TSB Bank Plc v Edward Symmons and Partners TCC 12-Mar-2003
The defendants had carried out a survey and valuation for the claimants, who now sought damages alleging that the valuer had miscalculated the area of the premises, omitting certain areas which would affect the value.
Held: In order to make . .
CitedGoldstein v Levy Gee ( A Firm) ChD 1-Jul-2003
There had been a dispute between shareholders, and the defendant was called upon to value the company. He issued a tender for valuers to value the properties. Complaint was made that the tender was negligent in its description of the basis for . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 12 May 2022; Ref: scu.182921

Calver v Westwood Veterinary Group: CA 24 Nov 2000

The defendants appealed a finding of professional negligence in their handing of a case in which a mare had miscarried. It was claimed that he had failed to spot a retained placenta. The laminitis she then suffered (found caused by negligence) led to a later miscarriage.
Held: The expert evidence had been in favour of the defendants. There was insufficient cause to depart from his findings. Appeal allowed.

Citations:

B2/2000/0108

Jurisdiction:

England and Wales

Citing:

CitedBolam v Friern Hospital Management Committee QBD 1957
Professional to use Skilled Persons Ordinary Care
Negligence was alleged against a doctor.
Held: McNair J directed the jury: ‘Where some special skill is exercised, the test for negligence is not the test of the man on the Clapham omnibus, because he has not got this special skill. The test . .
CitedBolitho v City and Hackney Health Authority HL 24-Jul-1997
The plaintiff suffered catastrophic brain damage as a result of cardiac arrest induced by respiratory failure as a child whilst at the defendant hospital. A doctor was summoned but failed to attend, and the child suffered cardiac arrest and brain . .
CitedEdward Wong Finance Co Ltd v Johnson Stokes and Master PC 1984
(Hong Kong) The defendant’s solicitors completed a mortgage in ‘Hong Kong style’ rather than in the old fashioned English style. Completion in Hong Kong style provides for money to be paid over against an undertaking by the solicitors for the . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 11 May 2022; Ref: scu.135659

Thornton Springer v NEM Insurance Co Ltd and others: QBD 30 Mar 2000

The claimants were a firm of accountants who had been sued along with one partner for professional negligence. Their insurers agreed to fund the defence, which was successful. The partner was liable, The insurers declined to pay up, asserting that the practice had not been liable within the policy. The court held against the insurers. The claims against the partnership and partner were in substance the same, and fell within the scope of the cover.

Citations:

Gazette 30-Mar-2000

Jurisdiction:

England and Wales

Insurance, Professional Negligence

Updated: 11 May 2022; Ref: scu.89882

Tidman v Reading Borough Council: QBD 4 Nov 1994

The plaintiff wanted to sell his land. The purchaser wished to know the planning status and prospects for the land. The local authority published a leaflet encouraging those interested to seek guidance from the authority’s planning officers. The plaintiff did so, but the advice received was negligently incorrect.
Held: Thee informal planning advice given by a Local Authority officer, was not given under a duty of care, and the action failed. The rule in Hedley Byrne did not apply to this situation. The court should exercise care before allowing such a responsibility in such a case. An authority acted under a statutory duty to apply planning law, and to act for the general public interests. A duty in negligence could conflict with those public duties. The plaintiff had sought advice only over the telephone and provided very limited information. It could not be thought that by responding to such an enquiry the authority became liable in negligence. If it did, te result would be that they would give no such assistance in future. The council was also enttled to expect that a person to whom such a question was important would seek their own proper advice. A duty of care might posibly arise where the approach was more formal and detailed, and where e matter might have very serious consequences. The present case came nowhere near creating such a duty.

Judges:

Buckley J

Citations:

Times 10-Nov-1994, [1994] 3 PLR 72

Jurisdiction:

England and Wales

Citing:

CitedHedley Byrne and Co Ltd v Heller and Partners Ltd HL 28-May-1963
Banker’s Liability for Negligent Reference
The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any . .

Cited by:

CitedRegina v Lam and Others (T/a ‘Namesakes of Torbay’) and Borough of Torbay CA 30-Jul-1997
The claimant sought damages after the planning authority allowed the first defendant to conduct a manufacturing business in the course of which spraying activities took place which caused them personal injuries and loss of business.
Held: The . .
CitedWelton, Welton v North Cornwall District Council CA 17-Jul-1996
The defendant authority appealed a finding that it was liable in negligence from the conduct of one of its environmental health officers. The plaintiff had set out to refurbish and open a restaurant. He said the officer gave him a list of things he . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Local Government

Updated: 11 May 2022; Ref: scu.89898

May v Woolcombe Beer and Watts: 1999

Expert evidence was admitted in relation to conveyancing matters where there was no answer provided by textbooks.

Citations:

[1999] PNLR 283

Jurisdiction:

England and Wales

Cited by:

CitedKandola v Mirza Solicitors Llp ChD 27-Feb-2015
The claimant alleged professional negligence by the defendant solicitors who had acted for him in the purchase of a property. The deposit paid by the claimant had been lost after being paid to the seller’s solicitors as agents for the vendor. The . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 11 May 2022; Ref: scu.544000

Nationwide Building Society v Balmore Radmore: ChD 1999

Although the Bowerman duty is a species of obligation which the court will ordinarily imply where a solicitor acts for a lender, it will not imply such an obligation when to do so is inconsistent with the express terms of the retainer or with the surrounding circumstances of the relationship

Judges:

Blackburne J

Citations:

[1999] 1 Lloyd’s Rep PN 241, per

Jurisdiction:

England and Wales

Citing:

CitedMortgage Express Ltd v Bowerman and Partners (A Firm) CA 1-Aug-1995
A solicitor acting for both a lender and a borrower was under a duty to disclose relevant information to the lender client. An incident of their duty to exercise reasonable care and skill, solicitors are obliged to advise their lender client in . .

Cited by:

CitedE.Surv Ltd v Goldsmith Williams Solicitors ChD 10-Apr-2014
The claimants had been found liable for mis-valuation of a property. They now sought a contribution from the solicitors acting uunder the mortgage saying that had they acted properly, they would have alerted the lender, and in turn the claimant of . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Professional Negligence

Updated: 11 May 2022; Ref: scu.523690

Leeds and Holbeck Building Society v Arthur and Cole: ChD 2001

A claim for breach of fiduciary duty by a solicitor as against his lender client, required that it be found that the solicitor ‘did not disclose matters which he admittedly ought to have done to the claimant, intentionally and consciously, knowing at the time that he should disclose them to the claimant.’

Judges:

Morland J

Citations:

[2001] Lloyd’s Rep PN 649

Jurisdiction:

England and Wales

Citing:

CitedMothew (T/a Stapley and Co) v Bristol and West Building Society CA 24-Jul-1996
The solicitor, acting in a land purchase transaction for his lay client and the plaintiff, had unwittingly misled the claimant by telling the claimant that the purchasers were providing the balance of the purchase price themselves without recourse . .

Cited by:

CitedMortgage Express v Abensons Solicitors (A Firm) ChD 20-Apr-2012
The claimant lender sought damages against the defendant solicitors alleging negligence and breach of fiduciary duty by them in acting for them on mortgage advances. The defendants now argued that the allowance of an amendment to add the allegation . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Trusts

Updated: 11 May 2022; Ref: scu.471576

Mason v Richard Freeman and Co (A Firm): QBD 2009

Judges:

Judge Richard Seymour QC

Citations:

[2009] EWHC 1099 (QB)

Jurisdiction:

England and Wales

Cited by:

Appeal fromMason v Richard Freeman and Co (A Firm) CA 25-Mar-2010
The claimant appealed against dismissal of his claim for damages against his former solicitors. He had set out to purchase an apartment for a former partner, with assistance from a friend and a mortgage, signing a home-drafted trust document. Two of . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 11 May 2022; Ref: scu.406515

Flaxmann-Binns v Linconshire County Council: CA 2004

A claimant who is reduced to a claim which would perforce be on a percentage basis for loss of chance against her legal advisers is not only suffering a real loss in the sense of being caused further delay and expense, but is also suffering a real reduction in the value of her claim.

Citations:

[2004] EWCA Civ 424

Jurisdiction:

England and Wales

Cited by:

CitedWelsh v Parnianzadeh (T/A Southern Fried Chicken) CA 10-Dec-2004
The respondent had claimed in damages after an alleged personal injury sustained at the premises of the claimant. After several procedural failures, the claim was struck out, but on appeal, it was ordered: ‘The appellant’s appeal is thus dismissed . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 11 May 2022; Ref: scu.380262

Mond v Hyde and Another: CA 29 Jul 1998

An official receiver acting in the course of the administration of a bankrupt’s estate was immune from an action for negligent misstatement on public policy grounds. Re-assurance that damages would be disclaimed was ineffective

Citations:

Times 29-Jul-1998

Jurisdiction:

England and Wales

Professional Negligence

Updated: 11 May 2022; Ref: scu.83802

Mulkerrins v Pricewaterhousecoopers (A Firm): CA 12 Jan 2001

A trustee in bankruptcy had had vested in him the legal title to an action for damages for the loss to personal reputation and status of the bankrupt.
Held: A declaration that he had no interest in a claim for damages against a former insolvency practitioner, was not a judgment in rem, making him a bare trustee of that claim. The bankrupt must therefore first secure an assignment of the claim from the trustee in order to bring the action. The declaration did not create a world which was binding upon the defendants.

Citations:

Times 12-Jan-2001, Gazette 01-Feb-2001

Statutes:

Insolvency Act 1986 303

Jurisdiction:

England and Wales

Citing:

Appeal fromMulkerrins v Pricewaterhousecoopers (A Firm) ChD 29-Mar-2000
Where a bankrupt wished to pursue an action held for him personally rather than his creditors.
Held: The trustee in bankruptcy held the right of action in trust for the bankrupt, but declined to sue. The bankrupt had the right to join the . .

Cited by:

Appeal toMulkerrins v Pricewaterhousecoopers (A Firm) ChD 29-Mar-2000
Where a bankrupt wished to pursue an action held for him personally rather than his creditors.
Held: The trustee in bankruptcy held the right of action in trust for the bankrupt, but declined to sue. The bankrupt had the right to join the . .
Appeal fromMulkerrins v Pricewaterhouse Coopers HL 31-Jul-2003
The claimant sought damages from her former accountants for failing to protect her from bankruptcy. The receiver had unnecessarily caused great difficulties in making their claim that such an action vested in them. The defendants had subsequently, . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Insolvency

Updated: 11 May 2022; Ref: scu.84114

Micheal Hyde and Associates Ltd v J D Williams and Co Ltd: CA 4 Aug 2000

In a claim alleging professional negligence, once it had been shown that the profession followed different standards, the test against which the action was to be measured was the lower of the two or more standards. Professional negligence means falling below a proper standard of competence. That standard had to allow for standards embraced by proper practice.

Citations:

Times 04-Aug-2000

Jurisdiction:

England and Wales

Professional Negligence

Updated: 10 May 2022; Ref: scu.83690

Minton v Kenburgh Investments (Northern) Ltd (In Liquidation): QBD 13 Nov 1988

Citations:

Times 13-Nov-1998

Cited by:

Appeal fromDavid Yablon Minton v Kenburgh Investments (Northern) Ltd CA 28-Jun-2000
An agreement ‘in full and final settlement’ of insolvency proceedings between a liquidator and directors, did not prevent an action in negligence against solicitors as regards the same contractual situation who had themselves issued third party . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 10 May 2022; Ref: scu.83750

Howkins and Harrison (A Firm) v Tyler and Another: CA 3 Aug 2000

Having paid out andpound;400,000 to a lender as damages for a negligent survey valuation after default in repayments by the defendant, the claimant also sought to recover the payment from the defendant under the Act. The application to stay the claim was refused. The Act could only operate for a claim for the same damage. What was lost by the lender from the default was not the same. Compensation was not the same as recovery of a debt, and the claimant could not claim a subrogation for the lender.

Citations:

Times 04-Aug-2000, Gazette 03-Aug-2000, [2001] Lloyds Rep PN 1

Statutes:

Civil Liability (Contributions) Act 1978 1(1)

Jurisdiction:

England and Wales

Citing:

Appeal fromHowkins and Harrison (A Firm) v Tyler and Another ChD 9-Mar-2000
Having paid out andpound;400,000 to a lender as damages for a negligent survey valuation after default in repayments by the defendant, the claimant sought to recover the payment from the defendant under the Act. The application was refused. The Act . .

Cited by:

CitedEastgate Group Ltd v Lindsey Morden Group Inc, and Smith and Williamson (a Firm) CA 10-Oct-2001
The defendant faced a claim for breach of warranties given by vendors in a company share sale agreement. The sought a contribution from the purchasers accountants who had prepared figures upon which the purchase decision was based. The defendants’ . .
Appealed toHowkins and Harrison (A Firm) v Tyler and Another ChD 9-Mar-2000
Having paid out andpound;400,000 to a lender as damages for a negligent survey valuation after default in repayments by the defendant, the claimant sought to recover the payment from the defendant under the Act. The application was refused. The Act . .
Lists of cited by and citing cases may be incomplete.

Damages, Professional Negligence

Updated: 10 May 2022; Ref: scu.81505

Hemmens v Wilson Browne (A Firm): ChD 30 Jun 1993

A solicitor was not liable in negligence, where his mistake might be yet be rectified; this was an inter vivos transaction and the parties could still resolve the position. Though a solicitor had a duty to the beneficiary of a settlement, the settlor could still perfect the deed.

Judges:

Judge Moseley QC

Citations:

Gazette 08-Dec-1993, Times 30-Jun-1993, [1993] 4 All ER 826

Cited by:

CitedHumblestone v Martin Tolhurst Partnership (A Firm) ChD 5-Feb-2004
The solicitors sent a will to the client for execution, but failed to notice on its return that it had not been properly executed, the signature not being that of the client.
Held: The solicitors were under a duty to ensure that the will would . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Legal Professions

Updated: 10 May 2022; Ref: scu.81313

Howkins and Harrison (A Firm) v Tyler and Another: ChD 9 Mar 2000

Having paid out andpound;400,000 to a lender as damages for a negligent survey valuation after default in repayments by the defendant, the claimant sought to recover the payment from the defendant under the Act. The application was refused. The Act could only operate for a claim for the same damage. What was lost by the lender from the default was not the same. Compensation was not the same as recovery of a debt, and the claimant could not claim a subrogation for the lender.

Citations:

Gazette 09-Mar-2000

Statutes:

Civil Liability (Contributions) Act 1978 1(1)

Citing:

Appealed toHowkins and Harrison (A Firm) v Tyler and Another CA 3-Aug-2000
Having paid out andpound;400,000 to a lender as damages for a negligent survey valuation after default in repayments by the defendant, the claimant also sought to recover the payment from the defendant under the Act. The application to stay the . .

Cited by:

CitedRoyal Brompton Hospital National Health Service Trust v Hammond and others HL 25-Apr-2002
The claimants sought damages against the defendants for their late delivery of a building. The contractors sought to share the damages with the architects who had certified the delays, defeating their own claims.
Held: The Act sought to extend . .
Appeal fromHowkins and Harrison (A Firm) v Tyler and Another CA 3-Aug-2000
Having paid out andpound;400,000 to a lender as damages for a negligent survey valuation after default in repayments by the defendant, the claimant also sought to recover the payment from the defendant under the Act. The application to stay the . .
Lists of cited by and citing cases may be incomplete.

Damages, Professional Negligence

Updated: 10 May 2022; Ref: scu.81503

Gregory v Shepherds: CA 13 Jul 2000

An English solicitor, employing a lawyer in another jurisdiction to purchase land for a client was not himself negligent for a failure of that foreign lawyer. The lawyer was not employed as a kind of sub-contractor. Nevertheless the solicitor was negligent in his own act of paying the money across to the seller direct without first enquiring of the foreign lawyer that all proper searches and enquiries had been carried out.

Citations:

Gazette 29-Jun-2000, Gazette 13-Jul-2000

Jurisdiction:

England and Wales

Citing:

Appeal fromGregory v Shepherds ChD 17-Feb-1999
An English solicitor, employing a lawyer in another jurisdiction to purchase land for a client, was not himself negligent, for a failure of that foreign lawyer. The lawyer was not employed as a kind of sub-contractor. . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Legal Professions

Updated: 10 May 2022; Ref: scu.81028

Connolly-Martin v Davis: ChD 17 Aug 1998

The claimant appealed against the striking out of her claim for negligence against counsel for her opponent who had signed a consent order purporting to give an undertaking from his client when in fact the client did not consent.
Held: The appeal succeeded. A barrister was liable in negligence and breach of warranty to his lay client where he gave an undertaking to the court without first obtaining his client’s express authority to do so.

Citations:

Times 17-Aug-1998

Cited by:

Appeal fromConnolly-Martin v Davis CA 27-May-1999
A claim was brought by a party against counsel for his opponent who had gone beyond his authority in giving an undertaking for his client.
Held: The claim had no prospect of success, and had been struck out correctly. Counsel offering to the . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Professional Negligence

Updated: 10 May 2022; Ref: scu.79452

Thorne v Northern Group Hospital Management Committee: 6 Jun 1964

At common law, ‘as a matter of general principle a hospital is under a duty to take precautions to avoid the possibility of injury, whether self-inflicted or otherwise, occurring to patients who it knows, or ought to know, have a history of mental illness.’

Judges:

Edmund Davis J

Citations:

Times 06-Jun-1964

Jurisdiction:

England and Wales

Cited by:

AppliedSelfe v Ilford and District Hospital Management Committee 26-Nov-1970
. .
CitedSavage v South Essex Partnership NHS Foundation Trust (MIND intervening) HL 10-Dec-2008
The deceased had committed suicide on escaping from a mental hospital. The Trust appealed against a refusal to strike out the claim that that they had been negligent in having inadequate security.
Held: The Trust’s appeal failed. The fact that . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 10 May 2022; Ref: scu.278775

Selfe v Ilford and District Hospital Management Committee: 26 Nov 1970

Judges:

Hinchcliffe J

Citations:

Times 26-Nov-1970

Jurisdiction:

England and Wales

Citing:

AppliedThorne v Northern Group Hospital Management Committee 6-Jun-1964
At common law, ‘as a matter of general principle a hospital is under a duty to take precautions to avoid the possibility of injury, whether self-inflicted or otherwise, occurring to patients who it knows, or ought to know, have a history of mental . .

Cited by:

CitedSavage v South Essex Partnership NHS Foundation Trust (MIND intervening) HL 10-Dec-2008
The deceased had committed suicide on escaping from a mental hospital. The Trust appealed against a refusal to strike out the claim that that they had been negligent in having inadequate security.
Held: The Trust’s appeal failed. The fact that . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 10 May 2022; Ref: scu.278776

Fennon v Anthony Hodari and Co: 2001

The court considered when the claimant was said to have become aware of the possibility of a claim: ‘In order to mount the action she did not need to be advised that the failure to advise amounted to professional negligence. This is irrelevant for the purposes of subsection (5) and the start date for reckoning the limitation period.’

Citations:

[2001] Lloyds Rep PN 183

Statutes:

Limitation Act 1980

Jurisdiction:

England and Wales

Cited by:

CitedDenekamp v Denekamp CA 8-Dec-2005
Appeal against striking out of claim and civil restraint order. . .
Lists of cited by and citing cases may be incomplete.

Limitation, professional Negligence

Updated: 10 May 2022; Ref: scu.237737

Cook v Swinfen: 1966

Citations:

[1966] 1 WLR 635

Jurisdiction:

England and Wales

Cited by:

Appeal fromCook v Swinfen CA 1967
The plaintiff could not recover damages for the mental distress of conducting litigation. The court found it difficult to draw the line as to where such damage could be identified. In this case the damage could not reasonably be said to have flowed . .
CitedFinecard International Ltd (T/A the Ninja Corporation) v Urquhart Dyke and Lord (A Firm) and Another ChD 10-Nov-2005
The defendants sought an interim ruling that they were not the cause of the claimant’s losses. They had acted as patent agents to license to exploit the claimant’s patent in the UK. They alleged that the failure to complete the registration of the . .
CitedBradford and Bingley Plc v Rashid HL 12-Jul-2006
Disapplication of Without Prejudice Rules
The House was asked whether a letter sent during without prejudice negotiations which acknowledged a debt was admissible to restart the limitation period. An advice centre, acting for the borrower had written, in answer to a claim by the lender for . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 10 May 2022; Ref: scu.234847

Smith v National Health Service Litigation: 2001

Judges:

Andrew Smith J

Citations:

[2001] Lloyd’s Med Rep 90

Jurisdiction:

England and Wales

Cited by:

CitedGregg v Scott HL 27-Jan-2005
The patient saw his doctor and complained about a lump under his arm. The doctor failed to diagnose cancer. It was nine months before treatment was begun. The claimant sought damages for the reduction in his prospects of disease-free survival for . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Personal Injury

Updated: 09 May 2022; Ref: scu.222470

Karpenko v Paroian, Courey, Cohen and Houston: 1981

(Ontario High Court) Andersen J said: ‘What is relevant and material to the public interest is that an industrious and competent practitioner should not be unduly inhibited in making a decision to settle a case by the apprehension that some Judge, viewing the matter subsequently, with all the acuity of vision given by hindsight, and from the calm security of the Bench, may tell him that he should have done otherwise. To the decision to settle a lawyer brings all his talents and experience both recollected and existing somewhere below the level of the conscious mind, all his knowledge of the law and its processes. Not least he brings to it his hard-earned knowledge that the trial of a law-suit is costly, time-consuming and taxing for everyone involved and attended by a host of contingencies, foreseen and unforeseen. Upon all of this he must decide whether he should take what is available by way of settlement, or press on. I can think of few areas where the difficult question of what constitutes negligence, which gives rise to liability, and what at worst constitutes an error of judgment, which does not, is harder to answer. In my view it would be only in the case of some egregious error . . that negligence would be found.’

Judges:

Andersen J

Citations:

(1981) 117 DLR (3d) 383

Jurisdiction:

England and Wales

Cited by:

CitedMoy v Pettman Smith (a firm) and another HL 3-Feb-2005
Damages were claimed against a barrister for advice on a settlement given at the door of the court. After substantial litigation, made considerably more difficult by the negligence of the solicitors, the barrister had not advised the claimant at the . .
CitedWebb v Macdonald and Another ChD 29-Jan-2010
Defendant barrister and solicitors applied to have the claims against them for professional negligence struck out. They had advised on a settlement of a dispute, which settlement the claimant now said was negligently wrong.
Held: The advice . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Professional Negligence, Commonwealth

Updated: 09 May 2022; Ref: scu.222552

Smith v Salford Health Authority: 1994

The doctor had failed to warn the patient of the risks inherent in the planned operation.
Held: The court not have found him liable for a failure to warn, because he was not satisfied that the claimant would not have had the operation if he had been properly advised. The doctor was liable on other grounds.

Judges:

Potter J

Citations:

[1994 ] 5 Med LR 321

Cited by:

CitedChester v Afshar HL 14-Oct-2004
The claimant suffered back pain for which she required neurosurgery. The operation was associated with a 1-2% risk of the cauda equina syndrome, of which she was not warned. She went ahead with the surgery, and suffered that complication. The . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 09 May 2022; Ref: scu.216511

McAllister v Lewisham and North Southwark Health Authority: 1994

The patient claimed damages after suffering injury in an operation, saying the doctor had failed to warn of the risk.
Held: The claimant would not have had the operation if she had been properly warned and on balance of probabilities she would have continued to decline it. The necessary causal connection was established and the doctor was liable.

Judges:

Rougier J

Citations:

[1994] 5 Med LR 343

Cited by:

CitedChester v Afshar HL 14-Oct-2004
The claimant suffered back pain for which she required neurosurgery. The operation was associated with a 1-2% risk of the cauda equina syndrome, of which she was not warned. She went ahead with the surgery, and suffered that complication. The . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 09 May 2022; Ref: scu.216512

Smith v Barking, Havering and Brentwood Health Authority: 1994

The patient claimed damages.
Held: On the balance of probabilities the claimant would have consented to the operation even if properly advised as to the risk of tetraplegia. The defendant was not liable.

Judges:

Hutchison J

Citations:

[1994] 5 Med LR 285

Cited by:

CitedChester v Afshar HL 14-Oct-2004
The claimant suffered back pain for which she required neurosurgery. The operation was associated with a 1-2% risk of the cauda equina syndrome, of which she was not warned. She went ahead with the surgery, and suffered that complication. The . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 09 May 2022; Ref: scu.216510

Carradine Properties Ltd v DJ Freeman and Co: CA 1982

(From 1982) It was alleged that solicitors should have asked their property company client whether it had public liability insurance which would have covered the company’s liability for damage caused by its demolition contractors to a third party.
Held: The solicitors had not been negligent. The judges did not speak with one voice as to the extent that a solicitor may owe duties to his client beyond the terms of his express retainer. Each judge however based his decision on the fact that the solicitors were entitled to assume that their experienced client would have told them if they had insurance; it was not for the solicitors to ask.

Judges:

Lord Denning MR, Eveleigh and Donaldson LJJ

Citations:

[1999] Lloyds Law Rep. P N 483

Cited by:

CitedJohn Mowlem Construction Plc v Neil F Jones and Co CA 1-Jul-2004
The defendant’s solicitors were alleged to have failed to advise their clients when an issue was raised, to notify their professional negligence insurers, with the result that the insurers had been able to repudiate liability.
Held: In the . .
CitedThe Football League Ltd v Edge Ellison (A Firm) ChD 23-Jun-2006
The claimants operated football leagues, and asked the defendant solicitors to act in negotiating the sale of television rights to ONdigital. The broadcasts went ahead, but no guarantees were taken for the contract. The claimants alleged . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 09 May 2022; Ref: scu.198485

Milton v Walker and Stanger: 1981

The plaintiff instructed her solicitor to prepare documents and advise on a gift from P’s uncle to P and her cousin W in the proportions 2/3:1/3. P and W agreed that, should the farm be sold, the costs and capital gains tax (CGT) arising there from should be shared equally between them. The agreement prepared by the defendant did not have this effect. P claimed that by reason of the defendant’s negligence she would have to pay 2/3 of the CGT on a sale of the farm, instead of 50%.
Held: The loss arose when the agreement was executed, not on the sale of the farm or assessment of CGT: ‘If shortly after executing the agreement the plaintiff had issued a writ against the defendants, however difficult or even speculative the process might have been, the court would have awarded damages.’ Had P brought an action shortly after the agreement had been executed, the court would have awarded damages (however difficult or speculative the assessment of damages on that date might have been).

Judges:

Nourse J

Citations:

[1981] 125 SJ 86

Citing:

AppliedForster v Outred and Co CA 1981
A mother signed a mortgage deed charging her property to H as security for a loan to her son. She claimed the solicitor had been negligent in his advice. The solicitor replied that the claim was out of time. The loss accrued not when demand for . .

Cited by:

CitedDaniels v Thompson CA 18-Mar-2004
The executor brought an action against the solicitor who had advised his client in connection with the transfer of her house in which she was to continue to live, saying he should have advised her that the gift would not protect her from Inheritance . .
CitedRobert Mark Gordon v J B Wheatley and Co (a Firm) CA 24-May-2000
The defendant solicitors had negligently advised the claimant in connection with a mortgage scheme he operated for customers. His case was that the defendants had negligently failed to advise him to register under s3 of the 1986 Act. The claimant . .
CitedThe Law Society v Sephton and Co and others CA 13-Dec-2004
The Society appealed dismissal for limitation of its claim against the defendant firm of accountants arising from alleged fraud in approval of a solicitor’s accounts.
Held: The liability did not arise until the Society decided to make . .
Lists of cited by and citing cases may be incomplete.

Damages, Professional Negligence

Updated: 09 May 2022; Ref: scu.196068

Clay v AJ Crump and Sons Ltd: CA 1964

An architect, a demolition contractor and a building contractor were each held liable to an employee of building contractors for the collapse of a wall which, with the architect’s approval, demolition contractors had left standing.
Held: As far as tests for causation were concerned each case must be tested on its own facts and there was no general rule.
If an architect or engineer designs a house or a bridge so negligently that it falls down, he is liable to every one of those who are injured in the fall.

Judges:

Upjohn LJ

Citations:

[1964] 1 QB 533

Jurisdiction:

England and Wales

Citing:

AppliedStapley v Gypsum Mines Ltd HL 25-Jun-1953
Plaintiff to take own responsibility for damage
The question was whether the fault of the deceased’s fellow workman, they both having disobeyed their foreman’s instructions, was to be regarded as having contributed to the accident.
Held: A plaintiff must ‘share in the responsibility for the . .

Cited by:

CitedBinod Sutradhar v Natural Environment Research Council CA 20-Feb-2004
The defendant council had carried out research into a water supply in India in the 1980s. The claimant drank the water, and claimed damages for having consumed arsenic in it.
Held: There is a close link between the tests in law for proximity . .
CitedGray v Fire Alarm Fabrication Services Ltd and others QBD 3-Mar-2006
The deceased, a maintenance engineer died after falling through a skylight at work. The court considered the respective liabilities of his employer and the landowner. . .
CitedSutradhar v Natural Environment Research Council HL 5-Jul-2006
Preliminary Report of Risk – No Duty of Care
The claimant sought damages after suffering injury after the creation of water supplies which were polluted with arsenic. He said that a report had identified the risks. The defendant said that the report was preliminary only and could not found a . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Construction

Updated: 09 May 2022; Ref: scu.194627

Perry v Raleys Solicitors: SC 13 Feb 2019

Veracity of a witness is for the court hearing him

The claimant, a retired miner, had sued his former solicitors, alleging professional negligence in the settlement of his claim for Vibration White Finger damages under the government approved scheme for compensation for such injuries. At trial, the judge found the claimant’s evidence unreliable, and that in any event his losses were reduced, being not entitled to a services award. Raleys now appealed the reversal of the damages award.
Held: The appeal succeeded. The judge at first instance not only was entitled to assess the veracity of the claimant as a witness, but had a duty to do so, and having reached a conclusion, to apply it. The credibility of a witness was properly a matter for the judge hearing that evidence, and not for an appellate court. The claimant had failed to establish that, properly advised, he would have been able to present a case for the services award.
‘It is a very strong thing for an appellate court to say, from a review of the paper records of a trial , that the trial judge was irrational in concluding that witnesses were not telling the truth, all the more so when the trial judge gives detailed reasons for that conclusion in a lengthy reserved judgment, and those reasons do not disclose any failure by him to consider relevant materials, or any disabling failure properly to understand them. The credibility (including honesty) of oral testimony is, of all things, a matter for the trial judge.’

Judges:

Lady Hale, President, Lord Wilson, Lord Hodge, Lord Lloyd-Jones, Lord Briggs

Citations:

[2019] UKSC 5, UKSC 2017/0092, [2019] PNLR 17, [2019] 2 WLR 636, [2020] AC 352, [2019] 2 All ER 937

Links:

Bailii, Bailii Summary, SC, SC Summary, SC Summay Video, SC 2018 11 27 am Video, SC 2018 11 27 pm

Jurisdiction:

England and Wales

Citing:

CitedAllied Maples Group Ltd v Simmons and Simmons CA 12-May-1995
Lost chance claim – not mere speculative claim
Solicitors failed to advise the plaintiffs sufficiently in a property transaction. A warranty against liability for a former tenant’s obligations under leases had not been obtained. The trial judge held that, on a balance of probabilities, there was . .
CitedHanif v Middleweeks (a firm) CA 19-Jul-2000
The client was the co-owner of a nightclub which had been destroyed by fire. The insurers had issued proceedings for a declaration of non-liability, on the ground (among others) that the fire had been started deliberately by Mr Hanif’s co-owner. Mr . .
CitedGregg v Scott HL 27-Jan-2005
The patient saw his doctor and complained about a lump under his arm. The doctor failed to diagnose cancer. It was nine months before treatment was begun. The claimant sought damages for the reduction in his prospects of disease-free survival for . .
CitedKitchen v Royal Air Force Association CA 1958
The plaintiff’s husband, a member of the RAF, was electrocuted and killed in the kitchen of his house. A solicitor failed to issue a writ in time and deprived the plaintiff of the opportunity to pursue court proceedings.
Held: Damages were not . .
CitedBrown v KMR Services Ltd CA 26-Jul-1995
Allied Maples had made a corporate takeover of assets and businesses within the Gillow group of companies, during which it was negligently advised by the defendant solicitors in relation to seeking protection against contingent liabilities of . .
CitedMount v Barker Austin (a Firm) CA 18-Feb-1998
The plaintiff sought damages for professional negligence from his former solicitors in respect of their conduct of a claim on his behalf. He succeeded, but was awarded no damages because the judge had found that his action would be bound to fail. He . .
CitedSharif and Others v Garrett and Co CA 31-Jul-2001
The applicants sought damages from the defendant solicitors who had failed to prosecute properly a claim for damages. Their building was damaged by fire, but they had not been insured. The action was against the brokers. The court had awarded them . .
CitedDixon v Clement Jones Solicitors (A Firm) CA 8-Jul-2004
The defendant firm had negligently allowed a claim for damages against a firm of accountants to become statute barred. The defendants said the claim was of no or little value, since the claimant would have proceeded anyway.
Held: The court had . .
CitedMcGraddie v McGraddie and Another (Scotland) SC 31-Jul-2013
The parties were father and son, living at first in the US. On the son’s wife becoming seriously ill, the son returned to Scotland. The father advanced a substantal sum for the purchase of a property to live in, but the son put the properties in his . .
CitedHousen v Nikolaisen 28-Mar-2002
Supreme Court of Canada – Torts – Motor vehicles – Highways – Negligence – Liability of rural municipality for failing to post warning signs on local access road — Passenger sustaining injuries in motor vehicle accident on rural road — Trial judge . .
CitedRe B (A Child) (Care Proceedings: Threshold Criteria) SC 12-Jun-2013
B had been removed into care at birth. The parents now appealed against a care order made with a view to B’s adoption. The Court was asked as to the situation where the risks were necessarily only anticipated, and as to appeals against a finding of . .
CitedHenderson v Foxworth Investments Limited and Another SC 2-Jul-2014
It was said that land, a hotal and gold courses, had been sold at an undervalue and that the transaction was void as against the seller’s liquidator.
Held: The appeal was allowed. The critical issue was whether ‘the alienation was made for . .
At CAPerry v Raleys Solicitors CA 28-Apr-2017
Appeal against dismissal of claim against the claimant’s former solicitors. Negligence was found, but no loss was proved in his personal injury claim. He had claimed a settlement at an undervalue of his claim of Vibration White Finger. The judge at . .
CitedFage UK Ltd and Another v Chobani UK Ltd and Another CA 28-Jan-2014
Lewison LJ said: ‘Appellate courts have been repeatedly warned, by recent cases at the highest level, not to interfere with findings of fact by trial judges, unless compelled to do so. This applies not only to findings of primary fact, but also to . .

Cited by:

CitedEdwards v Hugh James Ford Simey Solicitors SC 20-Nov-2019
The claimant sought damages saying that the defendant solicitors had failed to secure the incremental award of compensation under the vibration white finger scheme. The central issue was whether evidence which only became available later, but which . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Litigation Practice

Updated: 09 May 2022; Ref: scu.633293

Somatra Ltd v Sinclair Roche and Temperley: CA 28 Mar 2003

Judges:

Lord Justice Waller
Lord Justice Jonathan Parker

Citations:

[2003] EWCA Civ 509, [2003] 2 Lloyd’s Rep 855

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedSinclair Roche and Temperley (A Firm) v Somatra Ltd (Damages) CA 23-Oct-2003
The ‘Somatra’ was lost at sea. The insurance claim had been refused on the basis that the ship was unseaworthy. The owners came to instruct the appellant solicitors to represent them in the insurance claim. Having lost confidence in the solicitors, . .
CitedEdwards v Hugh James Ford Simey Solicitors SC 20-Nov-2019
The claimant sought damages saying that the defendant solicitors had failed to secure the incremental award of compensation under the vibration white finger scheme. The central issue was whether evidence which only became available later, but which . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 09 May 2022; Ref: scu.181159

Edwards v Hugh James Ford Simey (A Firm): CA 6 Jun 2018

Judges:

Underhill, Irwin, Singh LJJ

Citations:

[2018] EWCA Civ 1299, [2018] WLR(D) 347, [2018] PNLR 30

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Cited by:

Appeal fromEdwards v Hugh James Ford Simey Solicitors SC 20-Nov-2019
The claimant sought damages saying that the defendant solicitors had failed to secure the incremental award of compensation under the vibration white finger scheme. The central issue was whether evidence which only became available later, but which . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 09 May 2022; Ref: scu.617319

Perry v Raleys Solicitors: CA 28 Apr 2017

Appeal against dismissal of claim against the claimant’s former solicitors. Negligence was found, but no loss was proved in his personal injury claim. He had claimed a settlement at an undervalue of his claim of Vibration White Finger. The judge at trial had found him an unreliable witness as to the extent of his injuries.
Held: Whilst the court reversed the trial judge as to causation, they approved the valuation of damages suffered.

Judges:

Gloster VP CA, McFarlane LJJ, Sir Stephen Tomlinson

Citations:

[2017] EWCA Civ 314, [2017] PNLR 27

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

At CAPerry v Raleys Solicitors SC 13-Feb-2019
Veracity of a witness is for the court hearing him
The claimant, a retired miner, had sued his former solicitors, alleging professional negligence in the settlement of his claim for Vibration White Finger damages under the government approved scheme for compensation for such injuries. At trial, the . .
CitedEdwards v Hugh James Ford Simey Solicitors SC 20-Nov-2019
The claimant sought damages saying that the defendant solicitors had failed to secure the incremental award of compensation under the vibration white finger scheme. The central issue was whether evidence which only became available later, but which . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 09 May 2022; Ref: scu.582096

Mount v Barker Austin (a Firm): CA 18 Feb 1998

The plaintiff sought damages for professional negligence from his former solicitors in respect of their conduct of a claim on his behalf. He succeeded, but was awarded no damages because the judge had found that his action would be bound to fail. He appealed.
Held: The plaintiff had not established that he had any real chance of succeeding in the first action, and the appeal was dismissed. ‘The legal burden lies on the plaintiff to prove that in losing the opportunity to pursue his claim (or defence to counter-claim) he has lost something of value’ but, Simon Brown LJ said, ‘The evidential burden lies on the defendants to show that despite their having acted for the plaintiff in the litigation and charged for their services, that litigation was of no value to their client, so that he lost nothing by their negligence in causing it to be struck out. Plainly the burden is heavier in a case where the solicitors have failed to advise their client of the hopelessness of his position and heavier still where, as here, two firms of solicitors successively have failed to do to. If, of course, the solicitors have advised their client with regard to the merits of his claim (or defence) such advice is likely to be highly relevant.’
Moore-Bick J said: ‘When a person sues his former solicitors for negligence for the conduct of proceedings which led to his action being struck out, his loss is normally measured by reference to his prospects of success in the primary litigation – see Kitchen v. RAF Association [1958] 1 WLR 563. However in order to recover for the loss of this kind the court must be satisfied that the plaintiff had at least a real or substantial chance that he would have succeeded in the primary action, not merely a speculative one . . If his prospects fall short of that, the court will ascribe no value to them, but provided the court can see that there were real prospects of success it will evaluate them notwithstanding the difficulties that may involve.’

Judges:

Lord Justice Simon Brown Lord Justice Ward Mr Justice Moore-Bick

Citations:

[1998] EWCA Civ 277, (1998) PNLR 493

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedKitchen v Royal Air Force Association CA 1958
The plaintiff’s husband, a member of the RAF, was electrocuted and killed in the kitchen of his house. A solicitor failed to issue a writ in time and deprived the plaintiff of the opportunity to pursue court proceedings.
Held: Damages were not . .
CitedAllen v Sir Alfred McAlpine and Sons Ltd CA 1968
The court described the peculiarly difficult position of a solicitor sued for the negligence of losing litigation for his client by reason of having his client’s claim struck out: ‘It is true that if the action for professional negligence were . .
CitedW J Alan and Co Ltd v El Nasr Export and Import Co CA 3-Feb-1972
The parties disputed the effect of devaluation on a contract of sale and, in particular, on a letter of credit which was given for the price.
Held: Lord Denning MR said that: ‘The principle of waiver is simply this: If one party, by his . .
CitedChina and South Sea Bank Limited v Tan Soon Gin PC 1990
A mortgagee’s decision on sale is not constrained by reason of the fact that the exercise or non-exercise of the power will occasion loss or damage to the mortgagor. He can sit back and do nothing. He is not obliged to take steps to realise his . .
CitedAllied Maples Group Ltd v Simmons and Simmons CA 12-May-1995
Lost chance claim – not mere speculative claim
Solicitors failed to advise the plaintiffs sufficiently in a property transaction. A warranty against liability for a former tenant’s obligations under leases had not been obtained. The trial judge held that, on a balance of probabilities, there was . .

Cited by:

CitedSharif and Others v Garrett and Co CA 31-Jul-2001
The applicants sought damages from the defendant solicitors who had failed to prosecute properly a claim for damages. Their building was damaged by fire, but they had not been insured. The action was against the brokers. The court had awarded them . .
CitedBrinn and Another v Russell Jones and Walker (A Firm) QBD 12-Dec-2002
Police officers had instructed their solicitor to sue in defamation. By their negligence the chance of a claim was lost. They instructed a second firm of solicitors to claim against the first, but this firm also were negligent. The damages fell to . .
CitedHarrison and Another v Bloom Camillin ChD 28-Oct-1999
When assessing the losses suffered by a plaintiff alleging that, through the professional negligence of his solicitors, he had lost the opportunity to pursue a similar action against his accountants, it was right to acknowledge, and allow for the . .
CitedDixon v Clement Jones Solicitors (A Firm) CA 8-Jul-2004
The defendant firm had negligently allowed a claim for damages against a firm of accountants to become statute barred. The defendants said the claim was of no or little value, since the claimant would have proceeded anyway.
Held: The court had . .
CitedMcFaddens (A Firm) v Platford TCC 30-Jan-2009
The claimant firm of solicitors had been found negligent, and now sought a contribution to the damages awarded from the barrister defendant. They had not managed properly issues as to their clients competence to handle the proceedings.
Held: . .
CitedAsiansky Television Plc and Another v Khanzada and Others QBD 4-Nov-2011
. .
CitedRaleys Solicitors v Barnaby CA 21-May-2014
The claimant had been represented by the appellant in an action for personal injury. He said that the claim had been negligently settled for less than the proper damages award. The solicitors now appealed against an award of damages saying that any . .
CitedPerry v Raleys Solicitors SC 13-Feb-2019
Veracity of a witness is for the court hearing him
The claimant, a retired miner, had sued his former solicitors, alleging professional negligence in the settlement of his claim for Vibration White Finger damages under the government approved scheme for compensation for such injuries. At trial, the . .
CitedEdwards v Hugh James Ford Simey Solicitors SC 20-Nov-2019
The claimant sought damages saying that the defendant solicitors had failed to secure the incremental award of compensation under the vibration white finger scheme. The central issue was whether evidence which only became available later, but which . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 09 May 2022; Ref: scu.143755

Edwards v Hugh James Ford Simey Solicitors: SC 20 Nov 2019

The claimant sought damages saying that the defendant solicitors had failed to secure the incremental award of compensation under the vibration white finger scheme. The central issue was whether evidence which only became available later, but which would have undermined the claim for the incremental award should be allowed for.
Held: It could not be. The judge at first instance had been mistaken in taking account of the effect of the later medical examination and its report. The scheme was intended to be simple, and the report would not have been obtained under it. The case was remitted to assess damages on the basis of the standard scheme operation.

Judges:

Baroness Hale of Richmond PSC, Lord Reed DPSC, Lord Lloyd-Jones, Lord Sales JJSC, Lord Thomas of Cwmgiedd

Citations:

[2019] UKSC 54, [2019] WLR(D) 643, [2020] 1 All ER 749, [2019] 1 WLR 6549, [2020] PNLR 8, 172 BMLR 1, UKSC 2018/0132, SC 2019 Jul 25 am Video

Links:

Bailii, WLRD, Bailii Summary, SC, SC Summary, SC Summary Video, SC 2019 Jul 25 pm Video

Jurisdiction:

England and Wales

Citing:

CitedBwllfa and Merthyr Dare Steam Collieries (1891) Ltd v Pontypridd Waterworks Co HL 1903
A coalmine owner claimed statutory compensation against a water undertaking which had, under its statutory authority, prevented him mining his coal over a period during which the price of coal had risen. The House was asked whether the coal should . .
CitedPerry v Raleys Solicitors SC 13-Feb-2019
Veracity of a witness is for the court hearing him
The claimant, a retired miner, had sued his former solicitors, alleging professional negligence in the settlement of his claim for Vibration White Finger damages under the government approved scheme for compensation for such injuries. At trial, the . .
Appeal fromEdwards v Hugh James Ford Simey (A Firm) CA 6-Jun-2018
. .
CitedPerry v Raleys Solicitors CA 28-Apr-2017
Appeal against dismissal of claim against the claimant’s former solicitors. Negligence was found, but no loss was proved in his personal injury claim. He had claimed a settlement at an undervalue of his claim of Vibration White Finger. The judge at . .
CitedArmstrong and others v British Coal Corporation (2) CA 31-Jul-1998
The corporation appealed against a decision that it was liable to the plaintiffs (representatives of 25,000 other plaintiffs) for damages for Vibratory White Finger. . .
CitedHibbert Pownall and Newton (A Firm) v Whitehead and Another CA 4-Apr-2008
The defendant solicitors had been engaged to pursue a claim for damages for injury arising on the birth of the claimant. They had been instructed by the mother, but she then died, and the claim was compromised. The solicitors now appealed against a . .
CitedMount v Barker Austin (a Firm) CA 18-Feb-1998
The plaintiff sought damages for professional negligence from his former solicitors in respect of their conduct of a claim on his behalf. He succeeded, but was awarded no damages because the judge had found that his action would be bound to fail. He . .
CitedCharles v Hugh James Jones and Jenkins (A Firm) CA 22-Dec-1999
Where a personal injury claimant’s claim had been lost because of the solicitor’s negligence, the notional time for assessment of damages was the time at which a trial might properly have been expected to have been held. This did not however . .
CitedSomatra Ltd v Sinclair Roche and Temperley CA 28-Mar-2003
. .
CitedGolden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’) HL 28-Mar-2007
The claimant sought damages for repudiation of a charterparty. The charterpary had been intended to continue until 2005. The charterer repudiated the contract and that repudiation was accepted, but before the arbitrator could set his award, the Iraq . .
CitedDudarec v Andrews and others CA 22-Mar-2006
In a claim for negligence against his former solicitors, the claimant sought damages for the loss of a chance of success in a personal injuries action struck out for want of prosecution seven years earlier.
Held: If the evidence were the same . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 09 May 2022; Ref: scu.644385

Charles v Hugh James Jones and Jenkins (A Firm): CA 22 Dec 1999

Where a personal injury claimant’s claim had been lost because of the solicitor’s negligence, the notional time for assessment of damages was the time at which a trial might properly have been expected to have been held. This did not however preclude the admission of, for example, medical evidence which only became available after that date.
Held: The recorder erred. Mr Watkins had lost a claim under the Scheme of some value and the Recorder should have proceeded to assess its value on a loss of opportunity basis. I would therefore dismiss the appeal and remit the matter for assessment of the value of the loss of the opportunity to pursue the services claim.

Citations:

Times 22-Dec-1999, [2000] 1 WLR 1278

Jurisdiction:

England and Wales

Cited by:

CitedMcKinnon and another v E Survey Ltd (formerly known as GA Valuation and Survey Ltd) ChD 14-Jan-2003
The claimants purchased a house relying upon a survey by the defendants. Although the defendants reported long standing movement of the property, the defendants failed to report that to be saleable, a long investigation would be required, reducing . .
CitedHibbert Pownall and Newton (A Firm) v Whitehead and Another CA 4-Apr-2008
The defendant solicitors had been engaged to pursue a claim for damages for injury arising on the birth of the claimant. They had been instructed by the mother, but she then died, and the claim was compromised. The solicitors now appealed against a . .
CitedEdwards v Hugh James Ford Simey Solicitors SC 20-Nov-2019
The claimant sought damages saying that the defendant solicitors had failed to secure the incremental award of compensation under the vibration white finger scheme. The central issue was whether evidence which only became available later, but which . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Professional Negligence

Updated: 09 May 2022; Ref: scu.78983

Dudarec v Andrews and others: CA 22 Mar 2006

In a claim for negligence against his former solicitors, the claimant sought damages for the loss of a chance of success in a personal injuries action struck out for want of prosecution seven years earlier.
Held: If the evidence were the same in the negligence action as it would have been at the trial there would be no reason to apply a discount.

Judges:

Smith LJ

Citations:

[2006] EWCA Civ 256, [2006] 1 WLR 3002, [2006] 2 All ER 856

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedGolden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’) HL 28-Mar-2007
The claimant sought damages for repudiation of a charterparty. The charterpary had been intended to continue until 2005. The charterer repudiated the contract and that repudiation was accepted, but before the arbitrator could set his award, the Iraq . .
CitedMcDonnell and Another v Walker CA 24-Nov-2009
The defendant appealed against the disapplication of section 11 of the 1980 Act under section 33.
Held: The appeal succeeded. The defendant had not contributed significantly to the delay: ‘the defendant received claims quite different in . .
CitedEdwards v Hugh James Ford Simey Solicitors SC 20-Nov-2019
The claimant sought damages saying that the defendant solicitors had failed to secure the incremental award of compensation under the vibration white finger scheme. The central issue was whether evidence which only became available later, but which . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 09 May 2022; Ref: scu.239215

Hibbert Pownall and Newton (A Firm) v Whitehead and Another: CA 4 Apr 2008

The defendant solicitors had been engaged to pursue a claim for damages for injury arising on the birth of the claimant. They had been instructed by the mother, but she then died, and the claim was compromised. The solicitors now appealed against a finding of negligence brought on behalf of the mother’s estate.
Held: The appeal succeeded. The claim if successful would create a windfall to the estate. The principle of restitutio in integrum should not be taken too narrowly.

Judges:

Laws LJ, Rix LJ, Rimer LJ

Citations:

[2008] EWCA Civ 285, Times 14-May-2008, [2009] 1 WLR 549, (2008) 102 BMLR 57, [2008] PNLR 25, [2009] 1 WLR 549

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedCharles v Hugh James Jones and Jenkins (A Firm) CA 22-Dec-1999
Where a personal injury claimant’s claim had been lost because of the solicitor’s negligence, the notional time for assessment of damages was the time at which a trial might properly have been expected to have been held. This did not however . .
CitedMcKay v Essex Area Health Authority 1982
A child has no claim for damage to him arising from his birth. The plaintiff had been born with congenital rubella syndrome. . .

Cited by:

CitedEdwards v Hugh James Ford Simey Solicitors SC 20-Nov-2019
The claimant sought damages saying that the defendant solicitors had failed to secure the incremental award of compensation under the vibration white finger scheme. The central issue was whether evidence which only became available later, but which . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 09 May 2022; Ref: scu.268795

R P Howard Ltd and Witchell v Woodman Matthews and Co (a firm): 1983

The solicitor defendant knew that the company was a family company effectively run by Mr Witchell from whom they received their instructions. The question raised was as to the duty of the solicitor to company and director.
Held: There is no necessary legal impediment to a professional adviser owing concurrent duties both to a company and to its members or to its directors. The solicitor owed a duty to exercise all reasonable care and skill in connection with his client’s business, the precise nature of his duty would depend inter alia upon the experience of his client and therefore an inexperienced client was entitled to expect a solicitor to take this into consideration in giving advice. The defendant was negligent in omitting to remind the plaintiffs of the need to initiate an application to the County Court in order to obtain the protection of the Landlord and Tenant Act 1954.
Staughton J said: ‘In my judgment, in the circumstances of this case, Mr Witchell as well as the company was the client of Mr Mason. That seems to me to reflect the reality of the situation. Mr Mason knew that Mr Witchell . . was the company. He probably knew that Mr Witchell derived his livelihood and some profit from the company, and was vitally concerned in its well-being. Mr Witchell had first been his personal friend, and had then come to him in connection with other matters for legal advice, both as the representative of the company and in a personal capacity. When Mr Witchell sought his advice on . . [a matter concerning the company] Mr Mason owed a contractual duty of care both to the company and to Mr Witchell.’

Judges:

Staughton J

Citations:

[1983] BCLC 117, [1983] QB 117

Cited by:

CitedJohnson v Gore Wood and Co (a Firm) CA 12-Nov-1998
The claimant had previously issued a claim against the defendant solicitors through his company. He now sought to pursue a claim in his own name. It was resisted as an abuse of process, and on the basis that no personal duty of care was owed to the . .
CitedRatiu, Karmel, Regent House Properties Ltd v Conway CA 22-Nov-2005
The claimant sought damages for defamation. The defendant through their company had accused him acting in such a way as to allow a conflict of interest to arise. They said that he had been invited to act on a proposed purchase but had used the . .
ApprovedJohnson v Gore Wood and Co HL 14-Dec-2000
Shareholder May Sue for Additional Personal Losses
A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter.
Held: It need not be an abuse of the court for a shareholder . .
CitedPegasus Management Holdings Sca and Another v Ernst and Young (A Firm) and Another ChD 11-Nov-2008
The claimants alleged professional negligence in advice given by the defendant on a share purchase, saying that it should have been structured to reduce Capital Gains Tax. The defendants denied negligence and said the claim was statute barred.
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Legal Professions, Professional Negligence

Updated: 08 May 2022; Ref: scu.183150

JEB Fasteners Ltd v Marks, Bloom and Co: CA 1981

Accountants prepared audited accounts knowing that the company was in financial difficulties, and the the accounts would be relied upon by the plaintiffs.
Held: The accountants owed a duty of care to the plaintiffs. They knew that they would rely upon the accounts. However in this case, the plaintiffs would have proceeded in any event, and so the negligence did not cause any of the damage actually suffered. ‘as long as the misrepresentation plays a real and substantial part, though not by itself as decisive part, in inducing the plaintiff to act, it is a cause of his loss and he relies on it, no matter how strong or how many are the other matters which play their part in inducing him to act . . ‘.

Judges:

Stephenson LJ

Citations:

[1981] 3 All ER 289

Cited by:

DistinguishedCaparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
CitedAxa Insurance Co Ltd v Swire Fraser Ltd CA 9-Dec-1999
Where an action was commenced before the new rules came into effect, but an application to strike out an action was issued and decided after they came into effect, that application could not be decided under the old rules. The new rules applied . .
CitedDP Mann and others v Coutts and Co ComC 16-Sep-2003
The claimants were involved in litigation, They took certain steps on the understanding that the respondents had had deposited with them substantial sums in accounts under binding authorities. The bank had written a letter upon which they claim they . .
CitedAssicurazioni Generali Spa v Arab Insurance Group (BSC) CA 13-Nov-2002
Rehearing/Review – Little Difference on Appeal
The appellant asked the Court to reverse a decision on the facts reached in the lower court.
Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 08 May 2022; Ref: scu.180651

J Jarvis and Sons Ltd v Castle Wharf Developments Ltd and Others: CA 28 Feb 2001

An independent professional agent can become liable to someone entering into a contract with his principal for a negligent misstatement which induced him to tender for the contract. The issue was first whether the prospective contractor would rely upon the misstatement. Liability will vary according to the circumstances.

Citations:

Times 28-Feb-2001

Jurisdiction:

England and Wales

Agency, Professional Negligence

Updated: 08 May 2022; Ref: scu.82446

Nationwide Building Society v James Beauchamp (A firm): CA 15 Mar 2001

The defendant solicitors had acted on the purchase of all plots on an estate of land. Rights of way had been reserved over the access roads, but on the insolvency of the development and the roads not being completed the Society asserted that insufficient rights had been reserved to complete the roadway. The background had to be considered. The grants took effect as immediate grants and envisaged rights over the roadways when constructed. The standard of the eventual road had been referred to and accordingly they had the rights to construct it to that standard.

Citations:

Gazette 15-Mar-2001

Jurisdiction:

England and Wales

Land, Professional Negligence

Updated: 08 May 2022; Ref: scu.84225

Raja v Lloyds Bank Plc: CA 8 Feb 2001

The claimant’s properties had been sold after repossession by a lender. He claimed damages for the negligent sales at an undervalue. He began the action after six years after the properties were sold, and asserted that the action was based upon the mortgages and that therefore the limitation period was twelve not six years. Assertions that the relationship of mortgagor and mortgagee could give rise to an equitable duty of care were inconsistent with modern authority, and nor could a duty be dependent upon an implied contractual term. The limitation period is six years, and the claim was out of time.

Citations:

Gazette 08-Feb-2001

Jurisdiction:

England and Wales

Land, Limitation, Professional Negligence

Updated: 08 May 2022; Ref: scu.85654

HF Pension Trustees Ltd v Ellison and Others: ChD 24 Feb 1999

In an allegation of professional negligence which had lead to a transfer of funds, time ran for limitation purposes from the time of the transfer, and not from the point later when it became apparent that the legal advice may have been negligent. A solicitor had advised that a transfer of pension funds was lawful, but a later decision of the courts clarified that this was wrong. The limitation period was not extended because the unlawfulness was a matter of law and all the facts had been known: ‘What the plaintiff’s argument boils down to is that although it knew all the material facts it did not know until later that those facts gave rise to a claim in negligence. In my judgment, however, in cases under section 14A as in personal injury cases, their ignorance that the known facts may give rise to a claim in law cannot postpone the running of time under the 1980 Act. As I read the sections and the authorities, both section 14 and section 14A are concerned exclusively with matters of fact provable by evidence, as opposed to matters of English law, in respect of which evidence is inadmissible.’

Judges:

Jonathan Parker J

Citations:

Times 05-Mar-1999, Gazette 24-Feb-1999, [1999] Lloyds LR (PN) 489

Statutes:

Latent Damage Act 1986, Limitation Act 1980 14A

Jurisdiction:

England and Wales

Cited by:

CitedDenekamp v Denekamp CA 8-Dec-2005
Appeal against striking out of claim and civil restraint order. . .
CitedHaward and others v Fawcetts HL 1-Mar-2006
The claimant sought damages from his accountants, claiming negligence. The accountants pleaded limitation. They had advised him in connection with an investment in a company which investment went wrong.
Held: It was argued that the limitation . .
Lists of cited by and citing cases may be incomplete.

Limitation, Professional Negligence

Updated: 08 May 2022; Ref: scu.81357

Greenfield v Irwin and Others (A Firm): CA 6 Feb 2001

A woman who had had to give up work to care for a child was not able to claim damages from a nurse who had failed to diagnose her pregnancy, with the result that she had lost the opportunity to have an abortion. She had no sustainable claim for loss of earnings when she gave up work to look after the child. There is no longer any justification in a distinction being made between negligent advice cases and cases involving actual physical injury.

Citations:

Times 06-Feb-2001

Jurisdiction:

England and Wales

Health, Professional Negligence, Damages

Updated: 08 May 2022; Ref: scu.81010