Category: Professional Negligence

Amalgamated Metal Corporation Plc v Wragge and Co (A Firm) and Another: ComC 8 Apr 2011

The claimant alleged negligence in the way it had been advised to conduct litigation in the recovery of an overpayment Advance Corporation Tax, in particular in not applying for payment of compound interest on the sums.

Judges:

David Steel J

Citations:

[2011] EWHC 887 (Comm), [2011] PNLR 24

Links:

Bailii

Jurisdiction:

England and Wales

Professional Negligence

Updated: 12 October 2022; Ref: scu.431898

Herons Court, The Lessees and Management Company of v Heronslea Ltd and Others: CA 14 Aug 2019

This appeal concerns whether approved inspectors owe a duty under s. 1 of the Defective Premises Act 1972 in the performance of their statutory function under Part II of the Building Act 1984, which involves inspection and certification in order to ensure compliance with building regulations.

Judges:

Lewison, Floyd , Hamblen LJJ

Citations:

[2019] EWCA Civ 1423, [2019] 1 WLR 5849

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Professional Negligence

Updated: 11 October 2022; Ref: scu.640507

Rees v Darlington Memorial Hospital NHS Trust: HL 16 Oct 2003

The claimant was disabled, and sought sterilisation because she feared the additional difficulties she would face as a mother. The sterilisation failed. She sought damages.
Held: The House having considered the issue in MacFarlane only recently it was inappropriate to change the rules set down in that case. Nothing had been put forward to argue convincingly for a change. However there should be a standardised award, set at pounds 15.000. No damages should be awarded for the extra costs of parenthood arising from a mother’s own disability.
Lord Bingham described the award: ‘[the] award would not be, and would not be intended to be, compensatory. It would not be the product of calculation. But it would not be a nominal, let alone a derisory, award. It would afford some measure of recognition of the wrong done.’

Judges:

Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Steyn, Lord Hope of Craighead, Lord Hutton, Lord Millett, Lord Scott of Foscote

Citations:

[2004] 1 AC 309, [2003] UKHL 52, Times 21-Oct-2003, [2003] 3 FCR 289, [2004] Fam Law 22, [2004] Lloyds Rep Med 1, [2004] PIQR P14, [2004] 1 FLR 234, [2003] 4 All ER 987, [2003] 3 WLR 1091, (2004) 75 BMLR 69

Links:

House of Lords, Bailii

Jurisdiction:

England and Wales

Citing:

Cited – MacFarlane and Another v Tayside Health Board HL 21-Oct-1999
Child born after vasectomy – Damages Limited
Despite a vasectomy, Mr MacFarlane fathered a child, and he and his wife sought damages for the cost of care and otherwise of the child. He appealed a rejection of his claim.
Held: The doctor undertakes a duty of care in regard to the . .
Cited – Parkinson v St James and Seacroft University Hospital NHS Trust CA 11-Apr-2001
A mother had undergone a negligent sterilisation, and in due course she gave birth to a disabled child.
Held: The right to bodily integrity is the first and most important of the interests protected by the law of tort. The cases saying that . .
Cited – Dutton v Bognor Regis Urban District Council CA 1972
The court considered the liability in negligence of a Council whose inspector had approved a building which later proved defective.
Held: The Council had control of the work and with such control came a responsibility to take care in . .
Cited – Emeh v Kensington and Chelsea and Westminster Area Health Authority CA 1985
Evidence was given to the effect that the chance of a baby being born with a congenital abnormality was between one in 200 and one in 400. . .
Cited – Thake v Maurice CA 1986
A vasectomy was performed. The husband was told that contraception precautions were not necessary but a child was born. The claim was brought in contract and in tort. The first instance court found no reason why public policy prevented the recovery . .
Cited – Benarr v Kettering Health Authority 1988
. .
Appeal from – Rees v Darlington Memorial Hospital NHS Trust CA 14-Feb-2002
A disabled mother sought damages for the birth of a child after a negligently performed sterilisation.
Held: The rule in McFarlane against recovery of damages for the birth of a healthy child, did not prevent an award which was intended to . .
Cited – Cattanach v Melchior 16-Jul-2003
Kirby J suggested: ‘Concern to protect the viability of the National Health Service at a time of multiple demands upon it might indeed help to explain the invocation in the House of Lords in McFarlane of the notion of ‘distributive justice’.’
Cited – Practice Statement (Judicial Precedent) HL 1966
The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those . .
Cited – Fitzleet Estates Ltd v Cherry HL 9-Nov-1977
Income tax – Schedule D, Cases III and VI – Payments of interest and ground rent incurred when property was being developed – Whether capitalised or paid out of profits or gains brought into charge to tax – Income Tax Act 1952 (15 and 16 Geo. 6 and . .
Cited – Regina v Knuller (Publishing, Printing and Promotions) Ltd; Knuller etc v Director of Public Prosecutions HL 1972
The defendants were charged after pasting up in telephone booths advertisements for homosexual services. They published a magazine with similar advertisements. The House was asked to confirm the existence of an offence of outraging public decency. . .
Cited – Clark v TDG Limited (Trading As Novacold) CA 25-Mar-1999
The applicant had soft tissue injuries around the spine as a consequence of a back injury at work. He was absent from work for a long time as a result of his injuries, and he was eventually dismissed when his medical advisers could provide no clear . .
Cited – Livingstone v Rawyards Coal Co HL 13-Feb-1880
Damages or removal of coal under land
User damages were awarded for the unauthorised removal of coal from beneath the appellant’s land, even though the site was too small for the appellant to have mined the coal himself. The appellant was also awarded damages for the damage done to the . .
Cited – Lim Poh Choo v Camden and Islington Area Health Authority HL 21-Jun-1979
The plaintiff was catastrophically injured. Her life expectation was not affected, but she would never be able to work at her expected profession as a doctor, and was entitled to recover for loss of earnings. The defendant said that there was in . .
Cited – Wright v British Railways Board HL 1983
An award of interest at a conventional rate includes an element in respect of the ‘real’ rate of return which an investor could expect to receive on a risk-free investment and an element to allow for inflation. Lord Diplock said: ‘that element of . .
Cited – Mohammed Ali Shaher and others v British Aerospace Flying College Limited IHCS 29-May-2003
The pursuers claimed for the death of their son, a trainee pilot aged 19, in a flying accident. The defenders reclaimed against the Lord Ordinary’s awards of andpound;35,000 to each parent. In the course of the reclaiming motion the pursuers invited . .
Cited – Caparo 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 . .
Cited – South Australia Asset Management Corporation v York Montague Ltd etc HL 24-Jun-1996
Limits of Damages for Negligent Valuations
Damages for negligent valuations are limited to the foreseeable consequences of advice, and do not include losses arising from a general fall in values. Valuation is seldom an exact science, and within a band of figures valuers may differ without . .

Cited by:

Cited – Farraj and Another v King’s Healthcare NHS Trust and Another QBD 26-May-2006
The claimants sought damages after the birth of their child with a severe hereditary disease which they said the defendant hospital had failed to diagnose after testing for that disease. The hospital sought a contribution from the company CSL who . .
Cited – Lumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
Cited – Meadows v Khan QBD 23-Nov-2017
Claim for the additional costs of raising the claimant’s son, A, who suffered from both haemophilia and autism. It is admitted that, but for the defendant’s negligence, A would not have been born because his mother would have discovered during her . .
Cited – Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A HL 23-Oct-2003
The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult.
Held: There were four hurdles for the applicants to cross. They . .
Cited – Whittington Hospital NHS Trust v XX SC 1-Apr-2020
A negligent delay in the diagnosis of her cancer left the clamant dependent on paid for surrogacy arrangements. Three issues were raised; could damages to fund surrogacy arrangements using the claimant’s own eggs be recovered? Second, if so, could . .
Lists of cited by and citing cases may be incomplete.

Damages, Professional Negligence

Updated: 11 October 2022; Ref: scu.186773

MacFarlane and Another v Tayside Health Board: HL 21 Oct 1999

Child born after vasectomy – Damages Limited

Despite a vasectomy, Mr MacFarlane fathered a child, and he and his wife sought damages for the cost of care and otherwise of the child. He appealed a rejection of his claim.
Held: The doctor undertakes a duty of care in regard to the prevention of pregnancy: it does not follow that the duty includes also avoiding the costs of rearing the child if born and accepted into the family. This is not the result of a public policy rule which would otherwise produce a different conclusion; it comes from the inherent limitation of the liability relied on. The claim for solatium stood, and the claim for expenses caused directly and immediately by the pregnancy and birth, including medical expenses (if any) and the costs of the layette, but the claim for damages in respect of the rearing of the child is dismissed. Lord Steyn: ‘It may be objected that the House must act like a court of law and not like a court of morals. That would only be partly right. The court must apply positive law. But a judge’s sense of the moral answer to a question, or the justice of the case, has been one of the great shaping forces of the common law. What may count in a situation of difficulty and uncertainty is not the subjective view of the judge but what he reasonably believes that the ordinary citizen would regard as right.’

Judges:

Lord Slynn of Hadley, Lord Steyn, Lord Hope of Craighead, Lord Clyde, Lord Millett

Citations:

Times 26-Nov-1999, [2000] 2 AC 59, [1999] UKHL 50, [1999] 4 All ER 961

Links:

House of Lords, House of Lords, Bailii

Jurisdiction:

Scotland

Citing:

Cited – Sciuriaga v Powell 1979
The plaintiff made a claim for the breach of a contract to terminate pregnancy by abortion.
Held: The sole reason for the continuation of the pregnancy was the doctor’s breach of contract. Damages were awarded for pain and suffering and for . .
Cited – Udale v Bloomsbury Area Health Authority QBD 1983
The plaintiff underwent a sterilisation operation. The operation was painful and she later became pregnant. She sought damages for the pain and suffering and the additional costs of caring for the new child.
Held: Public policy held fast . .
Cited – Emeh v Kensington and Chelsea and Westminster Area Health Authority CA 1-Jul-1984
A sterilisation operation had been performed negligently and failed and the claimant was born.
Held: The birth of a child with congenital abnormalities was a foreseeable consequence of the surgeon’s careless failure to clip a fallopian tube . .
Cited – Thake v Maurice CA 1986
A vasectomy was performed. The husband was told that contraception precautions were not necessary but a child was born. The claim was brought in contract and in tort. The first instance court found no reason why public policy prevented the recovery . .
Cited – Allen v Bloomsbury Health Authority 1993
The plaintiff sought damages after a failed sterilisation. She had been apprehensive during the pregnancy that the child might be handicapped, and in the event the child suffered from temper tantrums, a speech defect and slight dyslexia.
Held: . .
Appeal from – McFarlane v Tayside Health Board IHCS 8-May-1998
Damages were payable where child born after vasectomy of husband and sperm tests gave false confirmation. This even though gift of a child a normal and healthy process and happy outcome. . .
Outer House – McFarlane v Tayside Health Board OHCS 11-Nov-1996
No damages are awardable for the birth of child following the failure of a vasectomy. It is against public policy to treat the birth of a child as a loss. . .

Cited by:

Cited – Groom v Selby CA 18-Oct-2001
The defendant negligently failed to discover the claimant’s pregnancy. A severely disabled child was born. The question was as to the responsibility for payment of excess costs of raising a severely disabled child, a claim for economic loss. The . .
Cited – Rees v Darlington Memorial Hospital NHS Trust CA 14-Feb-2002
A disabled mother sought damages for the birth of a child after a negligently performed sterilisation.
Held: The rule in McFarlane against recovery of damages for the birth of a healthy child, did not prevent an award which was intended to . .
Cited – Chagos Islanders v The Attorney General, Her Majesty’s British Indian Ocean Territory Commissioner QBD 9-Oct-2003
The Chagos Islands had been a British dependent territory since 1814. The British government repatriated the islanders in the 1960s, and the Ilois now sought damages for their wrongful displacement, misfeasance, deceit, negligence and to establish a . .
Cited – Rees v Darlington Memorial Hospital NHS Trust HL 16-Oct-2003
The claimant was disabled, and sought sterilisation because she feared the additional difficulties she would face as a mother. The sterilisation failed. She sought damages.
Held: The House having considered the issue in MacFarlane only . .
Cited – AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust QBD 26-Mar-2004
Representative claims were made against the respondents, hospitals, pathologists etc with regard to the removal of organs from deceased children without the informed consent of the parents. They claimed under the tort of wrongful interference.
Cited – Farraj and Another v King’s Healthcare NHS Trust and Another QBD 26-May-2006
The claimants sought damages after the birth of their child with a severe hereditary disease which they said the defendant hospital had failed to diagnose after testing for that disease. The hospital sought a contribution from the company CSL who . .
Limited – Hardman v Amin QBD 2001
Henriques J said: ‘McFarlane does not affect the law so far as it relates to the wrongful birth of disabled children.’ . .
Cited – Meadows v Khan QBD 23-Nov-2017
Claim for the additional costs of raising the claimant’s son, A, who suffered from both haemophilia and autism. It is admitted that, but for the defendant’s negligence, A would not have been born because his mother would have discovered during her . .
Cited – Robinson v Chief Constable of West Yorkshire Police SC 8-Feb-2018
Limits to Police Exemption from Liability
The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence.
Held: Her appeal . .
Cited – Human Rights Commission for Judicial Review (Northern Ireland : Abortion) SC 7-Jun-2018
The Commission challenged the compatibility of the NI law relating to banning nearly all abortions with Human Rights Law. It now challenged a decision that it did not have standing to bring the case.
Held: (Lady Hale, Lord Kerr and Lord Wilson . .
Cited – Whittington Hospital NHS Trust v XX SC 1-Apr-2020
A negligent delay in the diagnosis of her cancer left the clamant dependent on paid for surrogacy arrangements. Three issues were raised; could damages to fund surrogacy arrangements using the claimant’s own eggs be recovered? Second, if so, could . .
Lists of cited by and citing cases may be incomplete.

Damages, Professional Negligence, Personal Injury

Leading Case

Updated: 11 October 2022; Ref: scu.135129

Swain Mason and Others v Mills and Reeve (A Firm): CA 23 Apr 2012

The claimant appealed against dismissal of his claim for professional negligence against the respondent solicitors.

Judges:

Lord Neuberger MR, Richards, David LJJ

Citations:

[2012] EWCA Civ 498

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Swain Mason and Others v Mills and Reeve (A Firm) CA 20-Jan-2011
The defendant firm appealed against leave given to the claimants to amend their Particulars of Claim . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 07 October 2022; Ref: scu.453006

Bournemouth and Boscombe Athletic Football Club Ltd v Lloyds TSB Bank Plc: ChD 16 Apr 2003

Judges:

The Honourable Mr Justice Peter Smith

Citations:

[2003] EWHC 834 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appealed to – Bournemouth and Boscombe Athletic Football Club Ltd v Lloyds TSB Bank Plc CA 10-Dec-2003
Appeal from refusal of extension of time to serve particulars of claim and strike out. . .

Cited by:

Appeal from – Bournemouth and Boscombe Athletic Football Club Ltd v Lloyds TSB Bank Plc CA 10-Dec-2003
Appeal from refusal of extension of time to serve particulars of claim and strike out. . .
Lists of cited by and citing cases may be incomplete.

Banking, Professional Negligence, Litigation Practice

Updated: 05 October 2022; Ref: scu.181384

Burnett v Lynch: CA 21 Mar 2012

The GP doctor appealed against a finding that she had a duty of care to the respondent in her claim for professional neglience in failing to diagnose breast cancer.
Held: The appeal failed. There is a distinction between a truthful witness and an accurate witness: ‘It is commonplace for a trial judge, and HHJ Gosnell, the DCJ of a busy court centre, is an especially experienced one, to conclude that he has not heard witnesses who failed to tell the truth in the sense that they deliberately lied. Rather, as here, he heard honest, that is, not untruthful, witnesses, whose recollections he did not accept as correct or accurate. Once he had decided that no witness was lying he correctly identified his task as ‘to decide the issues on the balance of probability remembering that the Claimant has the burden of proof’. He rehearsed the arguments supportive of each party’s case, explained his findings as to two clinical notes, and, having assessed the likelihood or otherwise of the competing cases, gave his reasons for finding as a fact ‘that there was a consultation with [the Appellant] in February or March 2006 at which the [Respondent] complained of a small pea-sized lump in her breast. There was an examination of the [Respondent] and she was told that the cause was likely to be a blocked milk duct’.’

Judges:

Rafferty DBE LJ, Mann Jm Dame Janet Smith DBE

Citations:

[2012] EWCA Civ 347

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Merthyr Tydfil Car Auction Ltd v Thomas and Another CA 11-Jul-2013
The company appealed against an award of 9,000 pounds for nuisance in the form of excessive noise and fumes.
Held: The appeal failed: ‘the grant of planning permission cannot authorise the commission of a nuisance but it may, following its . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Evidence

Updated: 05 October 2022; Ref: scu.452194

Rawnsley and Another v Weatherall Green and Smith North Ltd: ChD 30 Sep 2009

Applications by the Defendants for summary judgment and/or to strike out the claims in two consolidated actions in effect brought by Mr Rawnsley the principal director of and a major shareholder in Canal Dyeing Company Limited.

Judges:

Behrens J

Citations:

[2009] EWHC 2482 (Ch), [2010] PNLR 6

Links:

Bailii

Jurisdiction:

England and Wales

Insolvency, Professional Negligence

Updated: 04 October 2022; Ref: scu.377323

Credit Lyonnais Sa (A Body Corporate) v Russell Jones and Walker (A Firm): ChD 2 Jul 2002

The claimant sought damages for professional negligence against the defendant solicitors. A corporate lawyer had been assigned to deal with a property matter, and he had failed to appreciate the need to comply strictly with time conditions in a break clause.
Held: Although the professions were not the insurers of their clients, the defendants had been negligent in this case in allowing a solicitor to act in a matter in which he was not competent and capable. ‘A solicitor is not a general insurer against his client’s legal problems. His duties are defined by the terms of the agreed retainer . . . the solicitor has only to expend time and effort in what he has been engaged to do and for which the client has agreed to pay.’ However: ‘if, in the course of doing that for which he is retained, he becomes aware of a risk or a potential risk to the client, it is his duty to inform the client. In doing that he is neither going beyond the scope of his instructions nor is he doing ‘extra’ work for which he is not to be paid. He is simply reporting back to the client on issues of concern which he learns of as a result of, and in the course of, carrying out his express instructions . . . if a dentist is asked to treat a patient’s tooth and on looking at the latter’s mouth he notices that an adjacent tooth is in need of treatment it is his duty to warn the patient accordingly. So too, if, in the course of carrying out instructions within his area of competence, a lawyer notices or ought to notice a problem or risk for the client, of which it is reasonable to assume that the client may not be aware, the lawyer must warn him.’

Judges:

Laddie J

Citations:

Times 08-Oct-2002, [2002] EWHC 1310 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Boyce v Rendells CA 1983
The court accepted the proposition as to the extent of a solicitor’s duty of care that: ‘if, in the course of taking instructions, a professional man like a land agent or a solicitor learns of facts which reveal to him as a professional man the . .
Cited – White 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 . .
Cited – Clark Boyce v Mouat PC 4-Oct-1993
(New Zealand) No duty of wisdom is owed to client in full command of his faculties by a lawyer. If the client requires only action from his lawyer, that is what is required. Informed consent can be sufficient to allow a solicitor to act for two . .

Cited by:

Cited – John 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 . .
Cited – Taefi v Jeffrey Green Russell (A Firm) CA 25-Jul-2005
The appellant challenged dismissal of his claim for professional negligence against his former solicitors in their conduct of litigation against a tenant.
Held: The appeal failed. The factual findings had a proper basis in the evidence. Even . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 04 October 2022; Ref: scu.177368

Jones v Kaney: QBD 21 Jan 2010

The claimant sought damages in negligence against the defendant who had signed a joint expert witness report, but later admitted not approving its contents which led to the claimant losing his action.

Judges:

Balke J

Citations:

[2010] 2 All ER 649, [2010] PNLR 18, [2010] EWHC 61 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Jones v Kaney SC 30-Mar-2011
An expert witness admitted signing a joint report but without agreeing to it. The claimant who had lost his case now pursued her in negligence. The claimant appealed against a finding that the expert witness was immune from action.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 04 October 2022; Ref: scu.402605

AIB Group (UK) Plc v Mark Redler and Co (A Firm): ChD 23 Jan 2012

The claimant bank sought damages from the defendant solicitors, saying that they had paid on mortgage advance moneys but failed to deliver as promised and required, a first mortgage over the property purchased. The solicitors had failed to discharge an existing first charge (to Barclays). The parties now disputed whether the sum due to the bank was the entire sum loaned, or only the net sum lost after the sale.
Held: The solicitors had acted in good faith, but in breach of trust.
Prima facie the bank was entitled to reconstitution of the trust fund by repayment of the amount wrongly paid away. As to the bank’s alternative claim for equitable compensation or damages, he said that where the breach consisted of failure to discharge a prior mortgage, with the result that the bank’s interest had been postponed to the Barclays charge, the bank was entitled to equitable compensation for the additional amounts due to Barclays for which Barclays had security in priority to the bank. The solicitors were therefore liable to the bank for the additional amount ultimately obtained by Barclays by reason of its prior security.
The court analysed the breach of trust: ‘ In the present case, . . . what the defendant’s instructions authorised them to do with the funds paid to them was to pay to Barclays (or to its account) such sum as was required to procure a release of its charge, and pay the balance to the borrowers or to their order. Had they complied with their instructions they would have paid (taking all the figures in round terms) andpound;1.5m to Barclays and andpound;1.8m to the borrowers. In the event they paid andpound;1.2m to Barclays and andpound;2.1m to the borrowers. In my judgment, in so doing they committed a breach of trust in so far as payment was made contrary to the authority they had been given.
It does not however in my judgment necessarily follow that the whole of the payment of andpound;3.3m was made in breach of trust. The difference between what the defendant did and what it ought to have done if it had complied with its instructions was the andpound;300,000 that should have been paid to Barclays but was instead paid to the borrowers. That in my judgment was the extent of the breach of trust committed. It was not a breach of trust to pay andpound;1.2m to Barclays; that payment was made as partial performance of the authority and obligation to discharge Barclays’ secured debt. It was not a breach of trust to pay andpound;1.8m to the borrowers, as that was the sum to which they were entitled. The breach consisted of the failure to retain an additional andpound;300,000 and apply that to the discharge of the Barclays debt.’

Judges:

David Cooke HHJ

Citations:

[2012] EWHC 35 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Cook v The Mortgage Business Plc CA 24-Jan-2012
The land owners sought relief from possession orders made under mortgages given in equity release schemes: ‘If the purchaser raises all or part of the purchase price on mortgage, and then defaults, the issue arises whether the mortgagee’s right to . .
Appeal from – AIB Group (UK) Plc v Mark Redler and Co Solicitors CA 8-Feb-2013
The defendant firm of solicitors had acted for the claimants under instructions to secure a first charge over the secured property. They failed to secure the discharge of the existing first charge, causing losses. AIB asserted breach of trust.
At ChD – AIB Group (UK) Plc v Mark Redler and Co Solicitors SC 5-Nov-2014
Bank not to recover more than its losses
The court was asked as to the remedy available to the appellant bank against the respondent, a firm of solicitors, for breach of the solicitors’ custodial duties in respect of money entrusted to them for the purpose of completing a loan which was to . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Torts – Other, Equity, Damages

Updated: 04 October 2022; Ref: scu.450453

Kerr v Laurence Shaw and Associates Ltd (T/A Laurence Shaw and Associates (In Liquidation)): ChD 19 Mar 2010

The claimant sought damages, alleging that the defendant patent agents had failed to make a timely application for a Canadian patent.
Held: The evidence was conflicting, but the court found that the claimant had made a decision to limit his applications to certain jurisdictions, not including Canada. The claim failed.

Judges:

Proudman J

Citations:

[2010] EWHC 585 (Ch), [2010] PNLR 24, [2010] FSR 19

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Martin Boston and Co v Roberts CA 1996
The appropriate standard against which a defendant patent agent’s conduct is to be measured is that of what the reasonably competent patent agent would do having regard to the standards normally adopted in his profession. . .
Cited – Andrew Master Homes Ltd v Cruikshank and Fairweather CA 1981
The method of assessing loss caused by a negligent patent agent was considered.
Held: As a negligence action and not an infringement action, the logical method for assessing damages was to evaluate the market price of the right to pursue the . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 01 October 2022; Ref: scu.403382

Stoll and Others v Wacks Caller (A Firm): ChD 21 Sep 2009

CS Solicitors – Negligence: whether solicitors acting on purchase of land conditional on grant of planning permission for residential development were negligent in omitting to amend contract to include a ‘call-in’ clause
Breach of duty – Causation – Loss of chance: whether real or substantial chance that seller would have accepted a ‘call-in’ clause.

Judges:

Hodge J

Citations:

[2009] EWHC 2299 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Professional Negligence

Updated: 01 October 2022; Ref: scu.375134

Grimm v Newman and Another: ChD 1 Nov 2001

Mr Grimm was given advice about the tax consequences of bring foreign investments into the country as a gift to his wife so that she could purchase property. He was advised that it would not have adverse tax consequences, but after the event he was charged to tax.
Held: An alternative scheme was available to the claimant which would have been effective, and the advice was negligent.

Citations:

[2001] EWHC Ch 454

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – in Re Pavlou (A Bankrupt) ChD 17-Mar-1993
Mr and Mrs Pavlou bought a house for andpound;12,500 with a mortgage of andpound;9,500. After the husband left, the wife remained in sole occupation, and paid the mortgage instalments as they fell due. Thirteen years after the marriage Mrs Pavlou . .

Cited by:

Appeal from – Grimm v Newman Chantry Vellacott DFK CA 7-Nov-2002
Accountants appealed a finding of professional negligence. They had advised an american resident in Britain that he could transfer assets to his wife here without adverse tax consequences. At the trial the judge had considered an alternative scheme . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 01 October 2022; Ref: scu.167092

Tom Hoskins Plc v EMW Law (A Firm): ChD 11 Mar 2010

The claimants said that by reason the the defendant firm of solicitors’ negligence a sale of properties had been delayed. The parties disputed whether the continuing trading losses incurred could be recovered.

Judges:

Floyd J

Citations:

[2010] EWHC 479 (Ch), [2010] ECC 20

Links:

Bailii

Jurisdiction:

England and Wales

Professional Negligence

Updated: 29 September 2022; Ref: scu.403334

Batten v Wedgwood Coal and Iron Company: ChD 18 Jan 1886

A solicitor was held to owe a duty to a party other than his client where, having carriage of the court’s order, he failed to comply with the duty (imposed by a rule of court) to lodge a request for the investment of money in court at the Chancery pay office and he was be liable to compensate the other party for the loss. Pearson, J. said: ‘The conduct of the sale rested with him because he was the solicitor of the Plaintiff, and as such he was discharging the duty which devolved upon him, and no other solicitor would have been entitled to charge for that which he was doing. But he was acting as an officer of the Court, and in that character, I conceive, he was liable to the Court for the due discharge of his duty. Until I am corrected by a higher tribunal I shall hold that the Court has a summary jurisdiction to make a solicitor liable for not properly discharging his duty under such circumstances. I think, therefore, that he is liable to make good to the receiver the loss of interest which has resulted from the non-investment of the money.’

Judges:

Pearson J

Citations:

(1886) 31 Ch D 346, [1886] UKLawRpCh 14

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

Cited – Connolly-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: 27 September 2022; Ref: scu.424847

BE Studios Ltd v Smith and Williamson Ltd: ChD 15 Jul 2005

Judges:

The Hon Mr Justice Evans-Lombe

Citations:

[2005] EWHC 1506 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Main Action – BE Studios Ltd v Smith and Williamson Ltd ChD 2-Dec-2005
The claimant company had failed in its action. The court was asked to make a costs order personally against the principal director of the claimant who had controlled the litigation and funded it. He responded that no impropriety had been shown on . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 27 September 2022; Ref: scu.236279

Asiansky Television Plc and Another v Khanzada and Others: QBD 4 Nov 2011

Judges:

Andrew Smith J

Citations:

[2011] EWHC 2831 (QB)

Links:

Bailii

Citing:

Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 26 September 2022; Ref: scu.448157

Hurst v Leeming: CA 23 Jul 2002

Citations:

[2002] EWCA Civ 1173

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal From – Hurst v Leeming (9026) ChD 9-May-2002
The claimant solicitor, had instructed the defendant, a barrister, to represent him in a civil claim. He sought had damages for alleged negligence. He had agreed that the action could not proceed, and the court had to decide the costs. He resisted . .

Cited by:

See Also – Robert Alfred Hurst v Ian Leeming ChD 14-Mar-2003
. .
See Also – Hurst v Leeming SCCO 9-May-2003
. .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Costs

Updated: 25 September 2022; Ref: scu.217422

Hurst v Leeming (9026): ChD 9 May 2002

The claimant solicitor, had instructed the defendant, a barrister, to represent him in a civil claim. He sought had damages for alleged negligence. He had agreed that the action could not proceed, and the court had to decide the costs. He resisted the defendant’s claim for costs saying that he had refused arbitration or mediation.
Held: The professional negligence pre-action protocol expected a party to explain why he refused mediation. That heavy costs had already been incurred was not a good reason, and nor was the fact that the allegation was of professional negligence. However: ‘The critical factor in this case, in my view, is whether, objectively viewed, a mediation had any real prospect of success. If mediation can have no real prospect of success of a party may, with impunity, refuse to proceed to mediation on this ground. But refusal is a high risk course to take, for if the court find that there was a real prospect, the party refusing to proceed to mediation may, as I have said, be severely penalised. Further, the hurdle in the way of a party refusing to proceed to mediation on this ground is high, for in making this objective assessment of the prospects of mediation, the starting point must surely be the fact that the mediation process itself can and does often bring about a more sensible and more conciliatory attitude on the part of the parties than might otherwise be expected to prevail before the mediation, and may produce a recognition of the strengths and weaknesses by each party of his own case and of that of his opponent, and a willingness to accept the give and take essential to a successful mediation. What appears to be incapable of mediation before the mediation process begins often proves capable of satisfactory resolution later.’
In this case the claimant was so seriously disturbed that he was fixated on the claim and incapable of a balanced evaluation. The defendant should not be refused his costs.

Judges:

Lightman J

Citations:

[2002] EWHC 1051 (Ch), [2003] 1 Lloyds Rep 379, [2001] EWHC 1051 (Ch), [2003] EWHC 9026 (Costs), [2003] 2 Costs LR 153, [2002] CP Rep 59, [2002] Lloyds Rep PN 508

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Dunnett v Railtrack plc CA 22-Feb-2002
The claimant had appealed a judgment against her. The court itself recommended that the parties use a method of alternate dispute resolution, to avoid the need for appeal. The defendant refused, not wishing to make any payment over and above the . .

Cited by:

Cited – Reed Executive Plc, Reed Solutions Plc v Reed Business Information Ltd, Reed Elsevier (Uk) Ltd, Totaljobs Com Ltd CA 3-Mar-2004
The claimant alleged trade mark infringement by the respondents by the use of a mark in a pop-up advert.
Held: The own-name defence to trade mark infringement is limited. Some confusion may be allowed if overall the competition was not unfair . .
Appeal From – Hurst v Leeming CA 23-Jul-2002
. .
Appeal from – Robert Alfred Hurst v Ian Leeming ChD 14-Mar-2003
. .
See Also – Hurst v Leeming SCCO 9-May-2003
. .
Cited – Halsey v Milton Keynes General NHS Trust etc CA 11-May-2004
The court considered the effect on costs orders of a refusal to take part in alternate dispute resolution procedures. The defendant Trust had refused to take the dispute to a mediation. In neither case had the court ordered or recommended ADR.
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Costs

Updated: 25 September 2022; Ref: scu.174241

Rubenstein v HSBC Bank Plc: QBD 2 Sep 2011

The claimant alleged that the defendant bank has missold to him securities in the form of an AIG Premier Access Bond.
Held: Though the bank had acted negligently and otherwise incorrectly, those faults were not the cause of the substantial part of the claimant’s losses.

Judges:

Jonathan Parker J

Citations:

[2011] 2 CLC 459, [2011] EWHC 2304 (QB), [2012] PNLR 7

Links:

Bailii

Statutes:

The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 53, Financial Services and Markets Act 2000

Jurisdiction:

England and Wales

Cited by:

Appeal from – Rubenstein v HSBC Bank Plc CA 12-Sep-2012
The customer appealed after his bank was found to have been negligent in its sales to him of investments, but the losses were found to have derived from general market turmil. . .
At first instance – Rubenstein v HSBC Bank CA 12-Sep-2012
Order finalised after successful appeal in bank mis-selling claim. . .
Lists of cited by and citing cases may be incomplete.

Banking, Professional Negligence

Updated: 20 September 2022; Ref: scu.444872

Man Nutzfahrzeuge Ag and Another v Freightliner Ltd: CA 12 Sep 2007

Judges:

Chadwick LJ, Dyson LJ, Thomas LJ

Citations:

[2007] EWCA Civ 910, [2008] Lloyd’s Rep FC 77

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Man Nutzfahrzeuge Ag and others v Freightliner Ltd ComC 28-Oct-2005
. .
See Also – Man Nutzfahrzeuge Aktiengesellschaft and others v Freightliner Ltd and others ComC 7-Oct-2003
. .
Cited – Edgington v Fitzmaurice CA 7-Mar-1885
False Prospectus – Issuers liable in Deceit
The directors of a company issued a prospectus, falsely stating that the proceeds were to be used to complete alterations to the buildings of the company, to purchase horses and vans and to develop the trade of the company. In fact it was to pay off . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Torts – Other

Updated: 19 September 2022; Ref: scu.259317

Gold v Mincoff Science and Gold (A Firm): CA 19 Jul 2002

Citations:

[2002] EWCA Civ 1157

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal From – Gold v Mincoff Science and Gold ChD 18-Jan-2001
A sleeping partner in a business executed several charges over partnership property, unaware that the funds raised were being used for purposes other than the partnership business. Their solicitors admitted negligence in not advising them . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Limitation

Updated: 19 September 2022; Ref: scu.217405

XX v Whittington Hospital NHS Trust: QBD 18 Sep 2017

The defendant Trust admitted a failure to diagnose cancer in the claimant. As a result of the necessary treatment, she became infertile. An earlier treatment might have avoided this. She now sought damages, inter alia for losses associated with the costs of a foreign surrogate pregnancy.
Held: Damages were calculated and awarded including a sum toward the costs of the surrogacy arrangement.

Judges:

Sir Robert Nelson

Citations:

[2017] EWHC 2318 (QB), [2018] PIQR Q2

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Briody 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 from – XX v Whittington Hospital NHS Trust CA 19-Dec-2018
The defendant had failed to diagnose cancer in the claimant. The court was now asked whether the judge was correct in law to refuse (or limit) Ms X’s recovery of damages for expenses of surrogacy arrangements which she intended to make, either in . .
At QBD – XX v Whittington Hospital NHS Trust (Leave) CA 19-Dec-2018
Refusal of permission to appeal to Supreme Court . .
Cited – Whittington Hospital NHS Trust v XX SC 1-Apr-2020
A negligent delay in the diagnosis of her cancer left the clamant dependent on paid for surrogacy arrangements. Three issues were raised; could damages to fund surrogacy arrangements using the claimant’s own eggs be recovered? Second, if so, could . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 19 September 2022; Ref: scu.597495

XX v Whittington Hospital NHS Trust (Leave): CA 19 Dec 2018

Refusal of permission to appeal to Supreme Court

Citations:

[2018] EWCA Civ 2839

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Main judgment – XX v Whittington Hospital NHS Trust CA 19-Dec-2018
The defendant had failed to diagnose cancer in the claimant. The court was now asked whether the judge was correct in law to refuse (or limit) Ms X’s recovery of damages for expenses of surrogacy arrangements which she intended to make, either in . .
At QBD – XX v Whittington Hospital NHS Trust QBD 18-Sep-2017
The defendant Trust admitted a failure to diagnose cancer in the claimant. As a result of the necessary treatment, she became infertile. An earlier treatment might have avoided this. She now sought damages, inter alia for losses associated with the . .

Cited by:

Refusal of Leave – Whittington Hospital NHS Trust v XX SC 1-Apr-2020
A negligent delay in the diagnosis of her cancer left the clamant dependent on paid for surrogacy arrangements. Three issues were raised; could damages to fund surrogacy arrangements using the claimant’s own eggs be recovered? Second, if so, could . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 19 September 2022; Ref: scu.631423

Browning v Messrs Brachers: CA 20 Jun 2005

Citations:

[2005] EWCA Civ 753

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – William Browning, Maureen Browning v Messrs Brachers (A Firm) QBD 15-May-2003
The claimants sought damages for professional negligence, in having failed to pursue a claim for professional negligence against a previous firm of solicitors who had acted for the claimant. . .
See Also – Browning and Another v Messrs Brachers (A Firm) QBD 13-Feb-2004
. .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 17 September 2022; Ref: scu.226830

Christchurch Pavilion Partnership No 1 and Others v Deloitte and Touche Tohmatsu Trustee Company Limited: PC 4 Feb 2002

(New Zealand) A scheme was created for the construction of a major residential complex. The disappointed investors now claimed damages from the professional supervising ‘statutory’ trustees, after their money was lost. The minimum subscriptions had not been received, but the transaction proceeded.
Held: Despite the failings, the claimants had failed to show that the damages actually suffered flowed directly from the defendants’ failings. They might well have suffered the same loss without the errors.

Judges:

Lord Slynn of Hadley Lord Mustill Lord Scott of Foscote Sir Christopher Staughton Sir John Roch

Citations:

[2002] UKPC 4

Links:

PC, PC, Christchurch Pavilion ‘ target=’_n’>PC, Bailii, PC

Statutes:

Securities Act 1978 (New Zealand)

Jurisdiction:

England and Wales

Commonwealth, Financial Services, Professional Negligence

Updated: 16 September 2022; Ref: scu.167602

Janin Caribbean Construction Ltd v Wilkinson and Another: PC 11 Oct 2016

(Grenada)

Judges:

Lord Clarke, Lord Wilson, Lord Sumption, Lord Hodge, Sir John Gillen

Citations:

[2016] UKPC 26

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Rees v Sinclair 1974
(New Zealand Court of Appeal) The court discussed the indemnity given to witnesses: ‘But I cannot narrow the protection to what is done in court: it must be wider than that and include some pre-trial work. Each piece of before-trial work should, . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Legal Professions

Updated: 16 September 2022; Ref: scu.570455

Pullen v Basildon and Thurrock University Hospitals NHS Foundation Trust: QBD 5 Nov 2015

Claim by Jennifer Pullen who is now 67 years of age, for damages in relation to the injurious consequences of left total hip replacement surgery allegedly performed negligently at the Defendant’s Hospital.

Judges:

Graham Wood QC HHJ

Citations:

[2015] EWHC 3134 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Professional Negligence

Updated: 16 September 2022; Ref: scu.555027

Barrett v Sandwell and West Birmingham Hospitals NHS Trust: QBD 18 Sep 2015

Claim for damages for personal injuries suffered as a result of the alleged clinical negligence of staff at the Birmingham and Midland Eye Centre where he was being treated.

Judges:

Blair J

Citations:

[2015] EWHC 2627 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Professional Negligence, Personal Injury

Updated: 16 September 2022; Ref: scu.552431

Platform Funding Ltd v Bank of Scotland Plc (Formerly Halifax Plc): CA 31 Jul 2008

The parties disputed the extent of duty owed by a surveyor to a lender relying on his valuation of a property to be loaned.
Held: The valuer’s appeal failed. The valuer had valued the wrong property, after being misled by the borrower. The lender was entitled to damages. The court should ask whether, having regard to the facts and matters known to both parties when the instructions were accepted, the professional person assumed an unqualified obligation in relation to the particular matter in question.

Judges:

Sir Anthony Clarke, Master of the Rolls, Lord Justice Rix and Lord Justice Moore-Bick

Citations:

[2008] EWCA Civ 930, Times 06-Oct-2008, [2009] QB 426, [2009] 2 WLR 1016, [2009] 2 All ER 344

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Harmer v Cornelius CexC 1858
An artist was to be employed as a ‘panorama and scene-painter’ for a period of at least a month.
Held: The employer was entitled to terminate the contract after two days when the artist proved to be incompetent. Willes J said: ‘When a skilled . .
Cited – Smith v Eric S Bush, a firm etc HL 20-Apr-1989
In Smith, the lender instructed a valuer who knew that the buyer and mortgagee were likely to rely on his valuation alone. The valuer said his terms excluded responsibility. The mortgagor had paid an inspection fee to the building society and . .
Cited – Greaves and Co (Contractors) Ltd v Baynham Meikle and Partners CA 1975
Consultant engineers were instructed to design a warehouse, the first floor of which, as they knew, was to be used for storing drums of oil that would be moved around by fork-lift trucks. The warehouse was built to the engineers’ design but after a . .
Cited – Samuels v Davis 1943
When a dentist agrees to make a set of false teeth for a patient, there is an implied warranty that they will fit his gums. . .
Cited – Midland Bank Plc v Cox McQueen (A Firm) CA 26-Jan-1999
Solicitors were instructed by the bank to obtain the signature of a client and of his wife to a motgage. The deed was signed by the husband and a woman pretending to be the wife.
Held: The court said that it was asked whether the bank intended . .
Cited – Zwebner v Mortgage Corporation Plc; Trustee of Property of Zwebner and Brooks and Co CA 18-Jun-1998
The claimant applied for a loan secured against a property owned with his wife. The defendant instructed solicitors who reported on title with an undertaking that documents would be executed before completion. They sent the mortgage to Mr. and Mrs. . .
Cited – Barclays Bank Plc v Weeks Legg and Dean (a Firm); Barclays Bank Plc v Lougher and Others; Barclays Bank Plc v Hopkin John and Co CA 21-May-1998
The defendant solicitors had each acted for banks in completing charges over property. They had given the standard agreed form of undertaking to secure a good and marketable title, and the banks now alleged that they were in breach because . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 15 September 2022; Ref: scu.271290

Awoyomi v Radford and Another: QBD 12 Jul 2007

The claimant sought damages from the defendant barristers who had represented her in criminal proceedings. They had not passed on to her the statement made by the judge in chambers that if she pleaded guilty he would not impose a sentence of imprisonment, but sought to persuade her to change her plea. When she did not do so, they withdrew from the case. The barristers denied negligence, but also said that the claim was out of time. The claimant said that her claim only became possible after the protection of barristers against actions in negligence was removed.
Held: The loss of immunity from suit was retrospective from 1991, and therefore time had begun to run, and the claim was statute barred.

Judges:

Lloyd Jones J

Citations:

[2007] EWHC 1671 (QB), Times 23-Jul-2007, [2008] 3 WLR 34, [2008] QB 793

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Regina v Awoyomi CACD 14-Jan-1997
The defendant appealed against her conviction and sentence. The court had refused to admit medical evidence that she might be unfit to continue her trial.
Held: It would be rare to admit evidence which might support a Ghosh direction. The . .
Cited – Hedley 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 – Saif Ali v Sydney Mitchell and Co (a Firm) HL 1978
Extent of Counsel’s Immunity in Negligence
The House considered the extent of a barrister’s immunity from action in negligence, and particularly whether it covered pre-trial acts or omissions in connection with civil proceedings.
Held: A barrister’s immunity from suit extended only to . .
Cited – Kleinwort Benson Ltd v Lincoln City Council etc HL 29-Jul-1998
Right of Recovery of Money Paid under Mistake
Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap . .
Cited – Deutsche Morgan Grenfell Group Plc v Inland Revenue and Another HL 25-Oct-2006
The tax payer had overpaid Advance Corporation Tax under an error of law. It sought repayment. The revenue contended that the claim was time barred.
Held: The claim was in restitution, and the limitation period began to run from the date when . .
Cited – Arthur 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 . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Limitation

Updated: 14 September 2022; Ref: scu.254586

Laing v Taylor Walton (A Firm): QBD 20 Feb 2007

The claimant sought to pursue an action for professional negligence against his solicitors. They said that the action was an abuse being an attempted relitigation of matters already settled when a judge had decided that the defendants had not owed a duty of care to the claimant, and applied to have the case struck out.
Held: The application failed: ‘ it would not be seen as bringing the administration of justice into disrepute to permit this claim to continue nor, if it is to do so, is any unfairness to Taylor Walton so manifest when balanced against the fair interests of Mr Laing that it would justify striking it out.’

Judges:

Langley J

Citations:

[2007] EWHC 196 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Reichel v Magrath PC 1889
The new vicar of Sparsholt, Dr Magrath, was able to rely on the abuse of process even though he had not been party to earlier proceedings between Reichel and the Bishop of Oxford and the Queen’s College and so was not bound by any issue estoppel . .
Cited – Hunter v Chief Constable of the West Midlands Police HL 19-Nov-1981
No collateral attack on Jury findigs.
An attempt was made to open up in a civil action, allegations of assaults by the police prior to the making of confessions which had been disposed of in a voir dire in the course of a criminal trial. The plaintiffs had imprisoned having spent many . .
Cited – Arthur 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 . .
Cited – The Secretary of State for Trade and Industry v Bairstow CA 11-Mar-2003
The Secretary of State attempted, in the course of director’s disqualification proceedings, to rely upon findings made against Mr Bairstow in an earlier wrongful dismissal action to which he had been a party but the Secretary of State not. The . .

Cited by:

Appeal From – Taylor Walton (A Firm) v Laing CA 15-Nov-2007
The appellants appealed against a refusal to strike out as an abuse of process the respondent’s claim against them for professional negligence in the drafting of development agreements.
Buxton LJ considered the nature of the enquiry on such an . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 14 September 2022; Ref: scu.248924