Category: Professional Negligence

Moy 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 door of the court to accept an offer. The claimant was not advised as to potential difficulties in having essential evidence admitted, and the evidence was not admitted, and a much lower sum was received. The court of appeal had found the advice itself not to be negligent, but that she should have given the client more detailed advice.
Held: The question whether her advice was negligent has to be judged in the light of the choices that were available in the light of her assessment. She had to balance the possibility of her client’s desire to achieve a full settlement against the loss of a chance to sue the solicitors for negligence. ‘it is the substance of the advice, not the precise wording used to convey it, that needs to be examined in order to judge whether it was negligent. The significance of Miss Perry’s failure to tell Mr Moy that the prospects of getting the evidence in were 50/50 has to be measured against what she did tell him, which was that she was hopeful that the judge would admit the evidence’. The court of appeal had been wrong to disturb the finding that the barrister had not been negligent: ‘it was not incumbent upon the appellant to spell out all her reasoning, so she was not in breach of her duty of care to the claimant in the advice which she gave. ‘ As to the right of the solictors to appeal: ‘section 1(5) of the 1978 Act should be so construed as not to bar an appeal in a case such as the present. This could be done in either or both of two ways. One could construe the word ‘judgment’ as referring to a final judgment after any appeals have been determined, rather than the judgment at first instance of the trial judge; or one could confine the operation of the subsection to actions for contribution subsequently brought, so excluding further proceedings by way of appeal in the original action. Whichever construction one adopts, I consider that the solicitors’ right of appeal to the Court of Appeal was not barred by the operation of section 1(5)’

Judges:

Lord Nicholls of Birkenhead, Lord Hope of Craighead, Baroness Hale of Richmond, Lord Carswell, Lord Brown of Eaton-under-Heywood

Citations:

[2005] 1 All ER 903, [2005] PNLR 24, [2005] UKHL 7, Times 04-Feb-2005, [2005] 1 WLR 581

Links:

House of Lords, Bailii

Statutes:

Civil Liability (Contribution) Act 1978

Jurisdiction:

Scotland

Citing:

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 – Barton v William Low and Co Ltd 1968
The court was asked the question as to whether it was competent for a party who had been brought into the action under the third party procedure to challenge the relevancy of averments which the pursuer, who made no case against the third party, was . .
Cited – Macleay v Macdonald IHCS 1928
When an interlocutor is reclaimed against, the effect from the time the reclaiming motion is marked is to sist, or stay, all execution on the decree which has been pronounced in the Outer House until the reclaiming motion has been determined: rule . .
Cited – Chester 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 . .
Cited – Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital HL 21-Feb-1985
Explanation of Medical Risks essential
The plaintiff alleged negligence in the failure by a surgeon to disclose or explain to her the risks inherent in the operation which he had advised.
Held: The appeal failed. A mentally competent patient has an absolute right to refuse to . .
Cited – 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, . .
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 – Hanson v Wearmouth Coal Co Ltd CA 1939
The trial judge had found in favour of the first defendant, a coal company, and held the second defendant, a gas company, wholly to blame for the loss incurred by the plaintiff as the result of an explosion caused by a leakage of gas. The second . .
Appeal from – Moy v Pettman Smith (A Firm) CA 19-Jun-2002
The claimant had pursued an action for damages for professional negligence against a hospital treating his broken tibia. He now sought damages after the defendant firm of solicitors acting for him in the first action had, he said, failed to obtain . .
See Also – Moy v Pettman Smith (A Firm) and Another CA 25-Mar-2003
. .

Cited by:

Cited – Thomson and Another v O’Connor and Another CA 7-Nov-2005
The tenants appealed a refusal to adjourn the landlord’s claim for payment of his service charge until a decision on their counterclaim as to his refusal to allow alterations necessary to install central heating. The parties had been unable to find . .
Cited – McFaddens (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: . .
Cited – Pritchard Joyce and Hinds (A Firm) v Batcup and Another CA 5-May-2009
Standard expected of negligence claim on counsel
The claimant solicitors sought contributory damages from counsel for failing to advise them of the applicable limitation period in an action they were conducting against other solicitors in negligence. Counsel now appealed saying that the judged had . .
Cited – Webb 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 . .
Cited – Kandola 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, Legal Professions

Updated: 14 September 2022; Ref: scu.222205

Scullion v Bank of Scotland Plc (T/A Colleys): CA 17 Jun 2011

The surveyor defendant appealed against an award of damages by a purchaser, alleging negligent valuation of property for intended buy to let.

Judges:

Lord Neuberger MR, Etherton, Gross LJJ

Citations:

[2011] EWCA Civ 693

Links:

Bailii

Jurisdiction:

England and Wales

Professional Negligence

Updated: 13 September 2022; Ref: scu.440849

Sutcliffe v Thackrah and Others: HL 1974

In acting under clause 66 of the ICE conditions, the Engineer was in the intermediate position of a quasi-arbitrator. The House described in terms of ‘fairness’ the duty of an architect when acting not as an arbitrator or quasi-arbitrator but in the role of valuer or certifier.
An action for damages for negligence will lie against a valuer to whom the parties have referred the question of valuation if one of them suffers loss as the result of his negligent valuation.
Lord Reid spoke of a duty to act in a fair and unbiased manner or fairly and impartially. Viscount Dilhorne regarded an honest exercise of professional skill and judgment as enough.

Judges:

Lord Reid, Lord Hodson, Lord Morris and Lord Salmon, Viscount Dilhorne

Citations:

[1974] AC 727, [1974] 1 All ER 859, [1974] 2 WLR 295, [1974] 1 Lloyds Rep 318

Jurisdiction:

England and Wales

Cited by:

Cited – Canterbury Pipe Lines v The Christchurch Drainage Board 1979
(New Zealand Court of Appeal) ‘In Hatrick the term ‘fairness’ was avoided in the judgments, Richmond J saying that he resisted it partly because of its vagueness and partly because it might be regarded as equivalent to natural justice. . . . In our . .
Lists of cited by and citing cases may be incomplete.

Construction, Arbitration, Professional Negligence

Updated: 12 September 2022; Ref: scu.224303

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 ordinary way, causation could readily be inferred in a case such as this. Whether a solicitor had a duty to question his client as to the availability of insurance was particular to each case. Appeal dismissed.

Judges:

Lord Justice Judge Lord Justice Tuckey Kay, Lord Justice Kay

Citations:

[2004] EWCA Civ 768, Times 27-Aug-2004, (2005) 83 BMLR 175

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Midland Bank Trust Co Ltd v Hett Stubbs and Kemp (a firm) ChD 1978
A solicitor had failed to register an option as a land charge over property. The court was asked what steps should have been taken by a solicitor in the conduct of a claim: ‘Mr Harman [leading counsel for the plaintiff] sought to rely upon the fact . .
Cited – 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 . .
Cited – 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. . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 11 September 2022; Ref: scu.198473

Ricci v Masons: 1993

The tenant sued his solicitor who had failed to make application to the court in time to secure his right to a new tenancy. As a result, the tenant had had to accept a five year contracted out lease, as opposed to a 10 year lease with a break clause.
Held: The damages were to be measured as the difference in value between the two leases, in this case set at pounds 100,000.

Citations:

[1993] 3 EG LR 159

Statutes:

Landlord and Tenant Act 1954

Jurisdiction:

England and Wales

Landlord and Tenant, Professional Negligence, Damages

Updated: 10 September 2022; Ref: scu.216642

Gestmin SGPS Sa v Credit Suisse (UK) Ltd and Another: ComC 15 Nov 2013

The claimant sought damages alleging negligence by the defendants in advice given on an investment in an initial public offering of shares.
Leggatt J considered the reliability of the memories of witnesses: ‘An obvious difficulty which affects allegations and oral evidence based on recollection of events which occurred several years ago is the unreliability of human memory.
While everyone knows that memory is fallible, I do not believe that the legal system has sufficiently absorbed the lessons of a century of psychological research into the nature of memory and the unreliability of eyewitness testimony. One of the most important lessons of such research is that in everyday life we are not aware of the extent to which our own and other people’s memories are unreliable and believe our memories to be more faithful than they are. Two common (and related) errors are to suppose: (1) that the stronger and more vivid is our feeling or experience of recollection, the more likely the recollection is to be accurate; and (2) that the more confident another person is in their recollection, the more likely their recollection is to be accurate.
Underlying both these errors is a faulty model of memory as a mental record which is fixed at the time of experience of an event and then fades (more or less slowly) over time. In fact, psychological research has demonstrated that memories are fluid and malleable, being constantly rewritten whenever they are retrieved. This is true even of so-called ‘flashbulb’ memories, that is memories of experiencing or learning of a particularly shocking or traumatic event. (The very description ‘flashbulb’ memory is in fact misleading, reflecting as it does the misconception that memory operates like a camera or other device that makes a fixed record of an experience.) External information can intrude into a witness’s memory, as can his or her own thoughts and beliefs, and both can cause dramatic changes in recollection. Events can come to be recalled as memories which did not happen at all or which happened to someone else (referred to in the literature as a failure of source memory).
Memory is especially unreliable when it comes to recalling past beliefs. Our memories of past beliefs are revised to make them more consistent with our present beliefs. Studies have also shown that memory is particularly vulnerable to interference and alteration when a person is presented with new information or suggestions about an event in circumstances where his or her memory of it is already weak due to the passage of time.
The process of civil litigation itself subjects the memories of witnesses to powerful biases. The nature of litigation is such that witnesses often have a stake in a particular version of events. This is obvious where the witness is a party or has a tie of loyalty (such as an employment relationship) to a party to the proceedings. Other, more subtle influences include allegiances created by the process of preparing a witness statement and of coming to court to give evidence for one side in the dispute. A desire to assist, or at least not to prejudice, the party who has called the witness or that party’s lawyers, as well as a natural desire to give a good impression in a public forum, can be significant motivating forces.
Considerable interference with memory is also introduced in civil litigation by the procedure of preparing for trial. A witness is asked to make a statement, often (as in the present case) when a long time has already elapsed since the relevant events. The statement is usually drafted for the witness by a lawyer who is inevitably conscious of the significance for the issues in the case of what the witness does nor does not say. The statement is made after the witness’s memory has been ‘refreshed’ by reading documents. The documents considered often include statements of case and other argumentative material as well as documents which the witness did not see at the time or which came into existence after the events which he or she is being asked to recall. The statement may go through several iterations before it is finalised. Then, usually months later, the witness will be asked to re-read his or her statement and review documents again before giving evidence in court. The effect of this process is to establish in the mind of the witness the matters recorded in his or her own statement and other written material, whether they be true or false, and to cause the witness’s memory of events to be based increasingly on this material and later interpretations of it rather than on the original experience of the events.’

Judges:

Leggatt J

Citations:

[2013] EWHC 3560 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Blue v Ashley (Judgment) ComC 26-Jul-2017
The parties disputed the existence of an oral agreement by a businessman to pay a sum of millions of pounds in certain circumstances to a business acquaintance with whom he was then drinking in a public house.
Held: The claim failed: ‘no . .
Cited – Legg and Another v Burton and Others ChD 11-Aug-2017
Testing for Mutual Wills
The parties disputed whether wills were mutual. The claimants challenged the probate granted to a later will of their deceased mother, saying that her earlier will had been mutual and irrevocable after the death of their father.
Held: The . .
Cited – Kogan v Martin and Others CA 9-Oct-2019
Dispute over the authorship of the screenplay of a film.
Held: ‘the judgment cannot stand. The judge has adopted an erroneous approach to the evidence, failed to make important findings of primary fact, failed to take account of material . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Evidence

Updated: 10 September 2022; Ref: scu.518011

Doy v Gunn: CA 8 May 2013

Alleged failure to refer child for emergency treatment – non-diagnosis of bacterial meningitis. Appeal from finding of non-negligence.

Judges:

Maurice Kay Vice President of the Court of Appeal, Civil Division, Moses LJJ, Sir Stanley Burnton

Citations:

[2013] EWCA Civ 547

Links:

Bailii, Gazette

Jurisdiction:

England and Wales

Professional Negligence

Updated: 10 September 2022; Ref: scu.509252

Smith v Leicestershire Health Authority: CA 29 Jan 1998

The plaintiff appealed a finding that she had sufficient knowledge of her possible claim for medical negligence against the defendants, and that she was out of time. She had known of her condition, but said she had no sufficient reason to see that it might have arisen from the negligence now found.
Held: The court looked at whether the claimant was in a position where she should reasonably have been aware of the cause her loss: ‘what would the reasonable person have done placed in the situation of the plaintiff?’ The court accepted that her ‘individual characteristics which might distinguish her from the reasonable woman should be disregarded. Thus her fortitude, her lack of any bitterness at becoming a tetraplegic and the determination and devotion she has shown to making herself as independent and useful a member of her family and society as she can, which have surpassed what might be expected, are to be put on one side. ‘ Against this background ‘there was no basis on which the judge could accept the defendant’s submission that sometime in the 1970’s at the latest, the plaintiff should have taken advice. ‘ She was told in 1984 that she had no possible claim. The defendant had not established constructive knowledge in the plaintiff, and the appeal succeeded.

Judges:

Roch LJ, Mantell LJ and Sir Patrick Russell

Citations:

[1998] EWCA Civ 107, [1998] Lloyd’s LR (Med) 77

Statutes:

Limitation Act 1980 11 14

Jurisdiction:

England and Wales

Citing:

Cited – Forbes v Wandsworth Health Authority CA 21-Mar-1996
The plaintiff had a history of circulatory problems in his legs. He underwent surgery losing his leg. The question was when he should have sought advice as to why an attempted by-pass operation had resulted in one leg having to be amputated. He . .
Cited – Halford v Brookes CA 1991
The plaintiff, the mother and administratrix of the estate of a 16 year old girl, alleged that her daughter had been murdered by one or both of the Defendants. The claim was for damages for battery. Rougier J at first instance had decided that: . .
Cited – Nash v Eli Lilley and Co CA 1993
The court was asked as to the extent and nature of knowledge required to start time running against a plaintiff in a negligence case.
Purchas LJ said: ‘It is to be noted that a firm belief held by the plaintiff that his injury was attributable . .
Cited – Hartley v Birmingham City District Council CA 1992
The writ was issued one day late; there had been early notification of the claim; and the defendant’s ability to defend the case was unaffected. The plaintiff asked the court to exercide its discretion to allow the claim t proceed.
Held: The . .
Cited – Young v The Bristol Aeroplane Co Ltd CA 28-Jul-1944
Court of Appeal must follow Own Decisions
The claimant was injured and received compensation. He then sought to recover again, alleging breach of statutory duty by his employers.
Held: The Court of Appeal was in general bound to follow its own previous decisions. The court considered . .
Cited – Hallam-Eames and Others v Merrett Syndicates Ltd and Others CA 25-Jan-1995
Members of Lloyd’s who faced re-insurance underwriting liabilities alleged negligence on the part of the active underwriter, their members’ agents and their syndicates’ managing agents. Limitation defences were raised.
Held: Mere knowledge of . .

Cited by:

Cited – Adams 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: 09 September 2022; Ref: scu.143585

N v Agrawal: CA 9 Jun 1999

A doctor examining a victim of a rape, but who failed to give evidence at court was not liable to the victim for further psychiatric damages caused by the resultant collapse of the prosecution. There was no doctor/patient relationship to give rise to a duty of care.
Stuart-Smith LJ said: ‘contempt of court does not itself give rise to a cause of action’.

Judges:

Stuart-Smith LJ

Citations:

Times 09-Jun-1999

Jurisdiction:

England and Wales

Citing:

Cited – Chapman v Honig CA 1963
A landlord’s notice to quit was held valid notwithstanding that the landlord seeking to uphold its validity had himself given it in contempt of court.
A contractual right may be exercised for any reason good, bad or indifferent and the motive . .

Cited by:

Cited – JSC BTA Bank v Khrapunov SC 21-Mar-2018
A had been chairman of the claimant bank. After removal, A fled to the UK, obtaining asylum. The bank then claimed embezzlement, and was sentenced for contempt after failing to disclose assets when ordered, but fled the UK. The Appellant, K, was A’s . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 09 September 2022; Ref: scu.84146

Spencer v Hillingdon Hospital NHS Trust: QBD 21 Apr 2015

The Claimant sought damages for personal injuries and consequential loss arising from the alleged negligence of the staff of the Hillingdon Hospital following a surgical operation performed upon him at the hospital

Citations:

[2015] EWHC 1058 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Professional Negligence

Updated: 08 September 2022; Ref: scu.545889

D’Orta-Ekenaike v Victoria Legal Aid: 10 Mar 2005

(High Court of Australia) Legal practitioners – Negligence – Immunity from suit – Applicant sought legal assistance from first respondent, a statutory corporation deemed to be a firm of solicitors, in defence of criminal prosecution – First respondent retained second respondent, a barrister, to appear for applicant at committal proceedings – Applicant pleaded guilty at committal proceedings but subsequently pleaded not guilty and stood trial – Evidence of guilty plea led at first trial – Applicant convicted but verdict quashed on appeal and new trial ordered – Applicant acquitted on retrial – Respondents alleged to have been negligent in advising applicant to plead guilty at committal – Advice allegedly tendered at a conference two days prior to committal proceeding and at a further conference on day of committal proceeding – Whether advocate’s immunity available to respondents – Whether advocate’s immunity applied in respect of advice allegedly given in conference.
Legal practitioners – Immunity from suit – Legal Profession Practice Act 1958 (Vic) – Barristers liable for negligence to same extent as solicitor as at 1891 – Extent of solicitor’s liability for negligence in 1891.
Courts – Judicial process – Judicial process as an aspect of government – Nature of the judicial process – The need for finality of judicial determination – Whether advocate’s immunity necessary to ensure finality of judicial process.
Courts – Abuse of process – Whether rules about abuse of process provide sufficient satisfaction of the finality principle – Nature of client’s complaint – Whether distinction exists between civil and criminal proceedings – Whether distinction to be drawn between challenging the final outcome of litigation and challenging an intermediate outcome.
High Court – Whether Giannarelli v Wraith (1988) 165 CLR 543 should be reconsidered – Relevance of statutory changes since Giannarelli v Wraith – Relevance of developments in common law in England and Wales – Relevance of experience in other jurisdictions.
Courts – Practice and procedure – Summary determination of action without trial – Whether claim revealed an arguable cause of action.

Citations:

[2005] HCA 12, (2005) 223 CLR 1, (2005) 214 ALR 92, (2005) 79 ALJR 755

Links:

Austlii

Jurisdiction:

Australia

Cited by:

Cited – 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.

Legal Professions, Professional Negligence

Updated: 08 September 2022; Ref: scu.431603

Pricewaterhousecoopers Llp v BTI 2014 Llc: CA 11 Jan 2021

Claim for damages for professional negligence

Citations:

[2021] EWCA Civ 9

Links:

Bailii, Judiciary

Jurisdiction:

England and Wales

Citing:

Appeal from – BTI 2014 Llc v Pricewaterhousecoopers Llp and Another ChD 15-Nov-2019
Claim for damages for professional negligence . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 07 September 2022; Ref: scu.657124

Asiansky Television Plc and Another v Bayer-Rosin (A Firm): CA 22 Nov 2005

Renewed application for permission to appeal.

Judges:

Chadwick, Wilson LJJ

Citations:

[2005] EWCA Civ 1569

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Asiansky Television Plc and Another v Bayer-Rosin CA 19-Nov-2001
The court considered the circumstancs allowing a striking out.
Held: Consideration should be given to the question whether striking out the claim or defence would be disproportionate and, except perhaps where striking it out would be plainly . .
See Also – Asiansky Television Plc and Another v Bayer-Rosin CA 11-Nov-2003
. .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 06 September 2022; Ref: scu.237490

Joel v Langley and Partners: CA 23 Apr 2002

The claimant sought damages from the defendants in respect of their advice as chartered accountants on the sale of shares in a private company. He lost the chance to claim retirement relief, by retiring as a director before agreement was reached on the purchase of his shares. The accountants had acted for him in his tax matters, but said he had declined to advise on the retirement because of his lack of independence.
Held: Where a judge came to a conclusion based upon the demeanor of the parties, it must be rare for an appellate court to set aside that judgement. In this case, the judge had failed to explain his reasoning. Here however the judge’s reasoning was clearly against the weight of evidence and wrong. The defendant had acted in the matter. The appeal was allowed, and the matter was to be remitted for further hearings.

Judges:

Lord Justice Pill Lord Justice Longmore And Sir Martin Nourse

Citations:

[2002] EWCA Civ 523

Links:

Bailii

Statutes:

Taxation of Chargeable Gains Act 1992 28(1) 163

Jurisdiction:

England and Wales

Professional Negligence

Updated: 06 September 2022; Ref: scu.170247

Fulham Leisure Holdings Ltd v Nicholson Graham and Jones: ChD 31 Jul 2006

The court considered what would amount to a waiver of professional legal privilege.
Held: Waiver applied to the ‘transaction’ in question, which might go beyond the actual document (or privileged information) disclosed, and suggested the following approach:
‘(i) One should identify the ‘transaction’ in respect of which the disclosure has been made
(ii) That transaction may be identifiable simply from the nature of the disclosure made – for example, advice given by counsel on a single occasion.
(iii) However, it may be apparent from that material, or from other available material, that the transaction is wider than that which is immediately apparent. If it does, then the whole of the wider transaction must be disclosed.
(iv) When that has been done, further disclosure will be necessary if that is necessary in order to avoid unfairness or misunderstanding of what has been disclosed.’

Judges:

Mann J

Citations:

[2006] EWHC 2017 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Fulham Leisure Holdings Ltd v Nicholson Graham and Jones (A Firm) CA 28-Feb-2008
. .
Applied – Dore and Others (‘Bothca’) v Leicestershire County Council and Others ChD 15-Jan-2010
The claimants asserted rights as against the council to lease and occupy premises. They sought disclosure of documents prepared for the council by its lawyers who had previously released information which might have been legally provileged. The . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Litigation Practice

Updated: 04 September 2022; Ref: scu.244112

A Child v Cambridge University Hospitals NHS Foundation Trust: QBD 4 Mar 2011

The court gave its reasons for making an order preventing identification of a child claimant in professional negligence proceedings.
Held: By virtue of the Human Rights Act 1998, the court, as a public authority, must take account of these competing principles where they become engaged, as in the case of the application of section 39. The rights under Articles 8 and 10 are qualified, and neither the best interests of the child nor the principle of open justice necessarily dictate the conclusion in any particular case, so that in many, if not most, instances a balance has to be struck between a number of weighty claims.

Judges:

Tugendhat J

Citations:

[2011] EWHC 454 (QB), [2011] EMLR 18

Links:

Bailii

Statutes:

European Convention on Human Rights 8 10, Children and Young Persons Act 1933 39

Cited by:

Cited – A, Regina (on The Application of) v Lowestoft Magistrates’ Court Admn 26-Mar-2013
A had pleaded guilty to a charge of being drunk in a public place, while having the charge of a child under the age of 7 years, contrary to section 2(1) of the Licensing Act 1902. The child in question was A’s daughter, to whom I shall refer as B. B . .
Lists of cited by and citing cases may be incomplete.

Media, Personal Injury, Professional Negligence, Human Rights

Updated: 03 September 2022; Ref: scu.430319

Carter v Ministry of Justice: QBD 12 Feb 2010

The claimant, whilst a prisoner, had consulted the prison doctor about a lump in her breast. She complained that her negligence and delay left her with a worse prognosis.
Held: If the doctor had undertaken the standard procedures on such a complaint, the claimant would have been referred on.

Judges:

Sir Christopher Holland

Citations:

[2010] EWHC 60 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Morris v West Hartlepool Steam Navigation HL 1956
The ship had followed a practice of leaving the between deck hatch covers off in the absence of a guard rail around the hatchway. The plaintiff seaman fell into the hold. There was evidence that on this ship it was quite usual for men to be sent . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Prisons

Updated: 02 September 2022; Ref: scu.401001

Jones v North West Strategic Health Authority: QBD 5 Feb 2010

The claimant, now 17 years old, sought damages alleging negligence by the doctors at his birth. The court now heard as a preliminary issue questions as to the liability of the defendants for the injuries suffered. He said that his mother had not been warned of the risks associated with dystocia so as to allow to her the choice of a cesarian birth which would have avoided the particular risks which led to his injuries.
Held: The risk of shoulder dystocia was in itself sufficiently serious for the expectant mother to be entitled to be informed.

Judges:

Nicol J

Citations:

[2010] EWHC 178 (QB), [2010] Med LR 90

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Montgomery v Lanarkshire Health Board SC 11-Mar-2015
Change in Doctors’ Information Obligations
The pursuer claimed that her obstetrician had been negligent, after her son suffered severe injury at birth. The baby faced a birth with shoulder dystocia – the inability of the shoulders to pass through the pelvis. The consultant considered that a . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Personal Injury

Updated: 02 September 2022; Ref: scu.401006

Mirza v Birmingham Health Authority: QBD 31 Jul 2001

The claimant had undergone heart surgery as an infant in 1976, and claimed damages for professional negligence. The procedure involved a dangerous procedure, a resection of coarctation. As a consequence, the Claimant suffered a number of problems associated with neurological deficit and partial paraplegia.
Held: As to limitation, the knowledge required to satisfy s.14(1)(b) is a broad knowledge of the essence of the causally relevant act or omission to which the injury is attributable. This case would require sophisticated knowledge to attribute causality. The claimant could not have known of the omissions which led to his condition. The action was not out of time. The surgeon’s actions were in accordance with what other surgeons may have done at the time, and it was claimed that the omitted actions would not have made any difference. There were simply ‘differences of opinion and practice’ at the time. The action failed.

Judges:

Justice Eady

Citations:

[2001] EWHC QB 1

Links:

Bailii

Statutes:

Limitation Act 1980 11(4) 13 33

Jurisdiction:

England and Wales

Citing:

Applied – Spargo v North Essex District Health Authority CA 13-Mar-1997
The test of ‘When a plaintiff became aware of the cause of an injury’ is a subjective test of what passed through plaintiff’s mind. ‘(1) the knowledge required to satisfy s14(1)(b) is a broad knowledge of the essence of the causally relevant act or . .
Cited – Parry v Clwyd Health Authority QBD 1996
The court preferred the more objective approach as to looking at when a plaintiff was to be fixed with knowledge of his injury: ‘If the purpose of section 14(3) is to create deemed or constructive knowledge in circumstances where there is no actual . .
Applied – Bolam 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 – Maynard 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 . .
Cited – Hucks v Cole CA 1968
(Reported 1993) A doctor failed to treat with penicillin a patient, the plaintiff, in a maternity ward. She was suffering from septic spots on her skin though he knew them to contain organisms capable of leading to puerperal fever. Several . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Limitation

Updated: 02 September 2022; Ref: scu.159874

Ball v Druces and Attlee (A Firm) (No 2): QBD 22 Jun 2004

Judges:

Mr Justice Nelson

Citations:

[2004] EWHC 1402 (QB), [2004] PNLR 746

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – The 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, Charity

Updated: 01 September 2022; Ref: scu.198306

Primavera v Allied Dunbar Assurance Plc: CA 4 Oct 2002

The claimant purchased a pension plan relying upon advice from the defendant. Since discovering the error, the plan had in fact prospered. The respondent appealed the judges failure to allow fully for the improvement when assessing damages.
Held: Part of the claim required both to assess the loss as at 1995, and to recover later loses. It was double recovery. As to the rest the damages which might be assessed in 1995 would have disappeared by 2000. The claimant had not liquidated the fund in 1995. He had however still been misled by the defendant, and had acted as if the loss had been incurred. The damages stood to be assessed as at 1995.

Judges:

Lord Justice Simon Brown, Lord Justice Mance And Lord Justice Latham

Citations:

[2002] EWCA Civ 1327

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – British Westinghouse Electric and Manufacturing Co v Underground Electric Railways Co (London) Limited HL 1912
The plaintiffs purchased eight steam turbines from the defendants. They later proved defective, and the plaintiffs sought damages. In the meantime they purchased replacements, more effective than the original specifications. In the result the . .
Cited – Needler Financial Services Ltd v Taber ChD 31-Jul-2001
The claimant had been negligently advised to swap to a personal pension plan. He was to receive damages in respect of that loss, but, in the meantime, the pension company, of which he had become a member de-mutualised, and he became entitled to . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Damages, Professional Negligence

Updated: 01 September 2022; Ref: scu.177331

Westbury v Sampson: CA 23 Mar 2001

The claimant was advised to accept a consent order that his wife should pay him a capital sum in the divorce, but by instalments. The wife later successfully applied to have the sum reduced. He sought to claim against his former solicitors for not advising him of this risk.
Held: The claim failed. At the time there was no reason to anticipate the later circumstances which led to the reduction, and the loss had not been caused by any failure of the defendants, since he would have faced the same risks whatever order had been made.
Bodey J considered the situations in which a court might re-open an order: ‘The reopening under section 31 of the overall quantum of lump sum orders by instalments, especially when made as part of a package intended to be final (and all the more so when ordered by consent following an agreement) should only be countenanced when the anticipated circumstances have changed very significantly, and/or for cogent reasons rendering it quite unjust or impracticable to hold the payer to the overall quantum of the order originally made.
This formulation gives a little more latitude as regards section 31 of the Matrimonial Causes Act 1973 than do the Barder conditions for the grant of leave to appeal out of time; but that must, I think, follow from the statutory requirements under section 31(7) that the court is to consider all the circumstances.’
Bodey J said that the subsection ‘not only empowers the court to re-timetable / adjust the amounts of individual instalments, but also to vary, suspend or discharge the principal sum itself, provided always that this latter power is used particularly sparingly, given the importance of finality in matters of capital provision’.

Judges:

Bodey J, Schiemann and Sedley LJJ

Citations:

Gazette 17-May-2001, [2001] EWCA Civ 407, [2002] 1 FLR 166, [2002] Fam Law 15, [2001] 2 FCR 210

Links:

Bailii

Statutes:

Matrimonial Causes Act 1973 31(3)

Jurisdiction:

England and Wales

Citing:

Cited – Barder v Calouri HL 1987
In divorce proceedings, the husband transferred his interest in the matrimonial home to the wife who had been awarded care and control of the two children of the family. The order was made on 20th February 1985 and on 25th March an appalling tragedy . .

Cited by:

Approved – Shaw v Shaw CA 31-Jul-2002
Thorpe LJ said it was difficult to see how a failure to disclose assets in ancillary relief proceedings could be both substantial and unintentional.
As to Bodey J’s analysis of the power to vary an award of a lump sum in Westbury: ‘I am in . .
Cited – Myerson v Myerson (No 2) CA 1-Apr-2009
The couple had compromised a very substantial ancillary relief claim on divorce, but the husband now said that the value of the shareholdings from which payment was to be made had collapsed.
Held: His appeal was dismissed. The principles for . .
Cited – Birch v Birch SC 26-Jul-2017
The parties, on divorcing had a greed, under court order that W should obtain the release of H from his covenants under the mortgage of the family home. She had been unable to do so, and sought that order to be varied to allow postponement of her . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Family

Updated: 01 September 2022; Ref: scu.90403

M v Calderdale and Kirklees Health Authority: 1998

(Huddersfield County Court)

Judges:

Garner J

Citations:

[1998] Lloyd’s Rep Med 157

Jurisdiction:

England and Wales

Cited by:

Disapproved – A v Ministry of Defence; Re A (A Child) CA 7-May-2004
The wife of a British Army soldier serving in Germany delivered a premature baby, ‘A’, with a German obstetrician in a German hospital. A suffered brain damage in the birth as a result of the obstetrician’s negligence. The mother claimed against the . .
Doubted – Woodland v The Swimming Teachers’ Association and Others QBD 17-Oct-2011
The court was asked as to the vicarious or other liability of a school where a pupil suffered injury at a swimming lesson with a non-employee during school time, and in particular whether it had a non-delegable duty to ensure the welfare of children . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 31 August 2022; Ref: scu.445623

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

Judges:

Lloyd, Elias, Patten LJJ

Citations:

[2011] EWCA Civ 14, [2011] 1 WLR 2735

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Smart v The Forensic Science Service Ltd CA 2-Jul-2013
On a search of his house, the police found a bullet cartridge on the claimant’s property. It was sent for testing but due to a mistake it was reported as a live cartridge. The prosecution was only dropped after some months when the mistake was . .
See Also – 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. . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Litigation Practice

Updated: 31 August 2022; Ref: scu.428069

Ganz v Childs and Others: QBD 11 Jan 2011

Judges:

Foskett J

Citations:

[2011] EWHC 13 (QB)

Links:

Bailii

Citing:

Cited – Hucks v Cole CA 1968
(Reported 1993) A doctor failed to treat with penicillin a patient, the plaintiff, in a maternity ward. She was suffering from septic spots on her skin though he knew them to contain organisms capable of leading to puerperal fever. Several . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 31 August 2022; Ref: scu.427977

Yousif v Jordan: CA 10 Dec 2003

It was wrong for a court to make a finding of no case to answer in a medical negligence case where there was conflicting medical evidence. The claimant was a foreign national acting in person. The court had failed to acknowledge the conflict in the medical evidence, and he should himself survey that evidence before considering such a finding.

Judges:

Ward LJ, Wilson J

Citations:

Times 22-Jan-2004, [2003] EWCA Civ 1852

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice, Professional Negligence

Updated: 29 August 2022; Ref: scu.193679

Frost v James Finlay Bank Ltd: CA 23 May 2002

The claimant sought damages from the respondent bank for negligence in the arrangements to loan money to her for the development of property. The loan was completed despite the absence of confirmation of insurance. The development was halted when structural damage was found. The borrowings spiraled out of control. She alleged that the bank had failed to disclose the defects discovered. Had the bank taken on a duty in advising her to change insurers, and thus assuming the duties of a broker, which it then failed. The bank appealed.
Held: The claim of a duty of care was not properly pleaded, nor supported in evidence. The appeal must be allowed.

Citations:

[2002] EWCA Civ 667

Links:

Bailii

Jurisdiction:

England and Wales

Banking, Professional Negligence

Updated: 29 August 2022; Ref: scu.172237

Arksey v Cambridge University Hospitals NHS Foundation Trust: QBD 21 Mar 2019

Alleged negligence arising out of the failure of the defendant hospital, Addenbrooke’s in Cambridge, to admit her on 3 November 2012 after she had suffered a sentinel bleed from a cerebral aneurysm.

Judges:

Martin Spencer J

Citations:

[2019] EWHC 1276 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Professional Negligence

Updated: 29 August 2022; Ref: scu.642114

Newcastle International Airport Ltd (Nial) v Eversheds Llp: ChD 2 Oct 2012

The company sought damages from a firm of solicitors who had been engaged to arrange new contracts for its directors, saying that it should not have taken instruction from the directors without regard for the need for independence.
Held: The claim failed.

Judges:

Proudman J

Citations:

[2012] EWHC 2648 (Ch), [2013] PNLR 66

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Newcastle International Airport Ltd v Eversheds Llp CA 28-Nov-2013
The company had instructed the respondent solicitors to act in the arrangements for new contracts for its directors. The solicitors took instructions direct from the directors, and the company complained that this created a conflict of interest . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Legal Professions

Updated: 27 August 2022; Ref: scu.464693

Martin v Kaisary and Another: QBD 5 Apr 2005

Judges:

Hodge J

Citations:

[2005] EWHC 531 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Martin v Kaisary and Another (1) CA 16-Mar-2005
Substitution of other party after limitation period expiry. The court considered the Law Committee’s recommendations on limitation and noted the intention to allow the addition of defendants out of time where this might validate a claim. . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Personal Injury

Updated: 26 August 2022; Ref: scu.224553

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

Jurisdiction:

England and Wales

Citing:

Cited – Belmont 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:

Approved – Bank 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 . .
Cited – Criterion 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 . .
Cited – Criterion 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: 24 August 2022; Ref: scu.80209

Montgomery v Lanarkshire Health Board: SCS 30 Jul 2010

Outer House – The pursuer sought damages for personal injuries to her son at his birth, alleging negligence by the medical staff at the defender hospital. She said that she had been advised a cesarian birth for her child, but the doctors had not explained the risks.
Held: The claim was rejected. Lord Bannatyne, rejected both grounds of fault, as to the absence advice and negligence in the mamagement of the birth itself. He based his decision primarily on expert evidence of medical practice, following the approach laid down by the majority in Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital [1985] AC 871. However, even if Mrs Montgomery had been given advice about the risk of serious harm to her baby as a consequence of shoulder dystocia, it would have made no difference in any event, since she would not have elected to have her baby delivered by caesarean section.

Judges:

Lord Bannatyne

Citations:

[2010] ScotCS CSOH – 104

Links:

Bailii

Jurisdiction:

Scotland

Citing:

Applied – Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital HL 21-Feb-1985
Explanation of Medical Risks essential
The plaintiff alleged negligence in the failure by a surgeon to disclose or explain to her the risks inherent in the operation which he had advised.
Held: The appeal failed. A mentally competent patient has an absolute right to refuse to . .

Cited by:

Appeal from – NM v Lanarkshire Health Board SCS 23-Jan-2013
Inner House – The pursuer and reclaimer sought reparation for son after grave injury sustained at his birth in a maternity hospital run by the defenders and respondents. She attributes that injury to negligence in a consultant obstetrician. . .
At Outer House – Montgomery v Lanarkshire Health Board SC 11-Mar-2015
Change in Doctors’ Information Obligations
The pursuer claimed that her obstetrician had been negligent, after her son suffered severe injury at birth. The baby faced a birth with shoulder dystocia – the inability of the shoulders to pass through the pelvis. The consultant considered that a . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Professional Negligence

Updated: 22 August 2022; Ref: scu.421287

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

Jurisdiction:

England and Wales

Cited by:

Cited – Downs 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: 22 August 2022; Ref: scu.567831

Hickman v Blake Lapthorn: QBD 17 Jan 2006

Judges:

Jack J

Citations:

[2006] EWHC 12 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Hickman v Lapthorn and Another QBD 16-Dec-2005
. .
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: 20 August 2022; Ref: scu.238313

Higgins and Others v ERC Accountants and Business Advisers Ltd: ChD 18 Sep 2017

The claimants seek damages or equitable compensation from the defendants as their former accountants and financial advisors for alleged loss and damage alleged to have been caused by the defendants alleged breaches of contract, negligence and breach of fiduciary and/or statutory duty.

Judges:

Pelling QC HHJ

Citations:

[2017] EWHC 2190 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Professional Negligence

Updated: 20 August 2022; Ref: scu.597460

St Helen’s and Knowsley Area Health Authority v Briody: CA 21 Apr 1999

Citations:

[1999] EWCA Civ 1229

Jurisdiction:

England and Wales

Cited by:

See Also – 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 . .
ee Also – 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 . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Health Professions

Updated: 20 August 2022; Ref: scu.146144

Lovering and Another v Atkinson and Others: PC 18 May 2020

(Court of Appeal of Guernsey (Civil Division)) Conveyancing dispute between the partners of a firm of advocates and notaries public and their clients as to whether AFR were negligent in allowing their clients to purchase a residential property with a defective title.

Citations:

[2020] UKPC 14

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Webb v Nightingale CA 8-Mar-1957
A boundary line which the parties had agreed and marked out could supersede a plan on a conveyance expressly said to be for identification only. Lord Denning: ‘It seems to me that the line of white stakes with the white peg in the south-east corner . .
Cited – Willson v Greene (Moss third party) ChD 1971
The court could take into account objective surrounding circumstances indicating where the boundary line had been agreed and marked out by the parties. Thus extrinsic evidence of where the land was identified by pegs was admissible and the extrinsic . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 19 August 2022; Ref: scu.651114

Ministry of Justice v Carter: CA 18 Jun 2010

Judges:

Smith, Leveson LJJ, Sir Scott Baker

Citations:

[2010] EWCA Civ 694

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Hucks v Cole CA 1968
(Reported 1993) A doctor failed to treat with penicillin a patient, the plaintiff, in a maternity ward. She was suffering from septic spots on her skin though he knew them to contain organisms capable of leading to puerperal fever. Several . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 19 August 2022; Ref: scu.417085

Hartle v Messrs Laceys (a Firm): CA 28 Feb 1997

The respondent firm had acted negligently in the conduct of a conveyancing transaction. The plaintiff now appealed against the level of damages awarded.

Judges:

Beldam, Ward, Schiemann LJJ

Citations:

[1997] EWCA Civ 1130, [1999] 1 PN 315, [1999] Lloyd’s Rep PN 315, (2000) 16 Const LJ 44

Links:

Bailii

Jurisdiction:

England and Wales

Professional Negligence, Damages

Updated: 18 August 2022; Ref: scu.141526

Vinton and Others v Fladgate Fielder (A Firm) and Another: ChD 30 Apr 2010

Judges:

Norris J

Citations:

[2010] EWHC 904 (Ch), [2010] WTLR 1043, [2010] PNLR 26, [2010] STC 1868, [2010] STI 1545

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

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

Professional Negligence

Updated: 17 August 2022; Ref: scu.408849

D Morgan Plc v Mace and Jones (A Firm) and Another: TCC 23 Mar 2010

‘In this action, the claimants are pursuing a claim for in excess of andpound;60 million by way of damages, arising out of what they say was negligent advice given by the defendants on various planning issues concerning Bold Heath Quarry in St. Helens. The claimants have failed to comply with an order made by Ramsey J requiring them to serve a forensic accountants’ report by 26th February 2010. They seek retrospectively to extend time for the service of such a report until 8th May 2010. The defendants seek an unless order that the report be provided within 14 days.’

Judges:

Coulson J

Citations:

[2010] EWHC 697 (TCC)

Links:

Bailii

Professional Negligence, Litigation Practice

Updated: 16 August 2022; Ref: scu.406653

Mason 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 the three agreed to transfer it to the former partner, discharging the claimant, but ignoring the friend’s interest, which was unprotected, and in breach of the trust terms. The friend sued the claimant who settled and sought to recover his losses from the defendant who had acted throughout but had been unaware of the trust document. The judge had found no instructions to the defendant to register any charge in favour of the friend.
Held: There was no question of the defendant having accepted instructions to protect the interest of the friend. It had not. At the most he had indicated that the friend, not the firm’s client, was free to protect his interest himself. The direct instructions relied on by the claimant made no sense unless read to refer to the discharge only of the charge.

Judges:

Wall LJ, Rimer LJ, Sir Scott Baker

Citations:

[2010] EWCA Civ 287

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Mason v Richard Freeman and Co (A Firm) QBD 2009
. .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 16 August 2022; Ref: scu.406412