swarb.co.uk - law index
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Professional Negligence - From: 1992 To: 1992
This page lists 5 cases, and was prepared on 02 April 2018.
Neighbour v Barker; CA 1992 - [1992] 40 EG 140
Gran Gelato Ltd v Richcliff (Group) Ltd Gazette, 13 May 1992; [1992] Ch 560; [1992] 1 All ER 865
1992
Legal Professions, Professional Negligence
A solicitor will not usually be liable to a purchaser of land for a negligent misrepresentation given on behalf of a Vendor of land. The word "right" may have a wider meaning than an accrued right.
1 Citers
Mount Banking Corporation Ltd v Brian Cooper and Co [1992] 2 EGLR 142
1992
QBD
Mr Robin Stewart QC
Damages, Professional Negligence
The plaintiff submitted that where the final valuation figure is within the Bolam principle, an acceptable figure, albeit towards the top end, but where none the less the valuer has erred materially in reaching that figure, the plaintiff can succeed in his claim because of those negligent errors, even though the total valuation figure was not negligent. Held: If the valuation that has been reached cannot be impugned as a total, then, however, erroneous the method or its application by which the valuation has been reached, no loss has been sustained, because, within the Bolam principle, it was a proper valuation. This focuses on the end result rather than the process by which the valuer reached the end result. Though there was a fault in the process of calculation, none the less a proper and acceptable process could properly have resulted in no, or no perceptible, difference to the end valuation; the figure in fact reached by was acceptable on the Bolam principle. If it is shown even at the first stage (whether the valuation fell outside the proper range of valuations results) that the valuer did not adopt an unprofessional practice or approach, then that may be taken into account in considering whether his valuation contained an unacceptable degree of error. Where the valuation is shown to be outside the acceptable limit, that may be a strong indication that negligence has in fact occurred.
1 Citers
Burton v Islington Health Authority [1992] EWCA Civ 2; [1993] QB 204; [1992] 3 All ER 833
18 Mar 1992
CA
Dillon, Balcombe, Leggatt LJJ
Professional Negligence
The court was asked "can a child who is born alive, but suffering from disabilities occasioned by negligence on the part of the proposed defendant at a time when the child was en ventre and unborn, maintain an action for damages for negligence against the defendant." Held: The actions could be maintained. The appeals failed.
[ Bailii ]
Rogers v Whitaker; 19-Nov-1992 - [1992] HCA 58; (1992) 175 CLR 479
