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		Professional Negligence - From: 1999 To: 1999 This page lists 75 cases, and was prepared on 02 April 2018. Â Nationwide Building Society v Balmore Radmore [1999] 1 Lloyd's Rep PN 241, per 1999 ChD Blackburne J Legal Professions, Professional Negligence Although the Bowerman duty is a species of obligation which the court will ordinarily imply where a solicitor acts for a lender, it will not imply such an obligation when to do so is inconsistent with the express terms of the retainer or with the surrounding circumstances of the relationship 1 Cites 1 Citers Â Â May v Woolcombe Beer and Watts; 1999 - [1999] PNLR 283 Â Â Gray and Another v Buss Merton (a firm); 1999 - [1999] PNLR 882 Â Houghton v Bennetts Solicitors (a Firm) [1999] EWCA Civ 550 13 Jan 1999 CA Professional Negligence [ Bailii ] Â Clonard Developments Limited v Humberts (a Firm) Gazette, 27 January 1999; [1999] EWCA Civ 575 15 Jan 1999 CA Professional Negligence A judge was right to acknowledge that a party's expert witness might be biased, and assess accordingly. Where a surveyor's valuation was negligent there was still no liability where the plaintiff did not show it had relied upon the valuation. 1 Cites 1 Citers [ Bailii ] Â Dragica Brick v Colleys Professional Services [1999] EWCA Civ 589 18 Jan 1999 CA Professional Negligence [ Bailii ] Â Eli John Onslow-Edwards; Cecilia Irene Onslow-Edwards v Peter B Cameron (Trading As Cameron and Partners); Harvey and Sproull (a Firm) Gazette, 03 February 1999; [1999] EWCA Civ 624 21 Jan 1999 CA Professional Negligence Solicitors who had leant a deposit to clients buying commercial properties where contracts had not been exchanged for the sale of other properties and finance was not in place, were not negligent having advised on the risks to a commercially aware client. [ Bailii ] Â Al-Sabah v Ali and Others [1999] EWHC 840 (Ch); [1999] EG 11 22 Jan 1999 ChD Ferris J Torts - Other, Land, Legal Professions, Professional Negligence The claimant alleged the fraudulent transfer of properties by use of a forged power of attorney. Held. The power was fraudulent. Solicitors had acted under the instructions of the agent. The court referred to the Law Society's practice guidance after Penn and said "If instructions come to a solicitor not from the client himself but from a third party claiming to represent the client, the solicitor needs to take special care to satisfy himself that the client wishes him to act, by seeking the client personally or obtaining written confirmation from the client or taking some other step which is sufficient, in the circumstances, to show that the client wants the solicitor to act for him in the matter in question." Nor had the solicitors verified that the vendor had received the proceeds of sale. They were liable in negligence. Any indemnity from the Land Registry would be reduced according to the contribution from the solicitors. Land Registration Act 1925 83(2) 1 Cites [ Bailii ] Â Â Midland Bank Plc v Cox McQueen (A Firm); CA 26-Jan-1999 - Times, 02 February 1999; Gazette, 10 February 1999; Gazette, 17 February 1999; [1999] EWCA Civ 656; [1999] Lloyd's Rep PN 223; [1999] PNLR 593 Â Pattison v Clarksons and Steele [1999] EWCA Civ 665 27 Jan 1999 CA Professional Negligence [ Bailii ] Â Â Lakey v Merton Sutton and Wandsworth Health Authority; CA 3-Feb-1999 - Times, 11 March 1999; [1999] EWCA Civ 704 Â Al-Sabah v Ali and Others Gazette, 03 February 1999; [1999] CLC 1469, 3 Feb 1999 ChD Mance J Professional Negligence The solicitor employers of a solicitor who had acted under powers of attorney in transactions between the attorney and the principal which later proved fraudulent were negligent. The Land Registry was liable for the balance of damage suffered. Mance J: ".. the answer to this problem seems to lie in recognising that, for dishonest assistance, the defendant's dishonesty must have been towards the plaintiff in relation to property held or potentially held on trust or constructive trust, rather than the introduction of a separate criterion of knowledge of any such trust." Land Registration Act 1925 83 1 Citers Â Abbey National Plc v Frost (Formerly Practising As Harold Weston Frost and Co) and Solicitors' Indemnity Fund Limited Intervenor [1999] EWCA Civ 707 4 Feb 1999 CA Professional Negligence, Legal Professions [ Bailii ] Â Mercantile Credit Co Ltd and Another v Fenwick and Others; Same v Speechly Bircham Gazette, 10 March 1999; Times, 23 February 1999; [1999] EWCA Civ 778 12 Feb 1999 CA Legal Professions, Professional Negligence, Banking Solicitors retained to obtain signatures to a bank's charge by husband and wife to secure his debts was required to act in accordance with current good practice. No duty to ensure certificate obtained that husband and wife had separate advisers. [ Bailii ] Â Gregory v Shepherds Gazette, 17 February 1999; Gazette, 24 February 1999 17 Feb 1999 ChD Professional Negligence, Legal Professions An English solicitor, employing a lawyer in another jurisdiction to purchase land for a client, was not himself negligent, for a failure of that foreign lawyer. The lawyer was not employed as a kind of sub-contractor. 1 Citers Â Alliance and Leicester Plc v Lewis Gazette, 17 February 1999 17 Feb 1999 CA Professional Negligence The issue of proceedings within only 12 days of six year limitation period followed by an 18 month delay was not under the present rules sufficient to warrant a strike out, since insufficient prejudice shown, but would probably under the new rules. Â Â Powell v Haywards (a Firm); CA 18-Feb-1999 - Gazette, 31 March 1999; Gazette, 10 March 1999; [1999] EWCA Civ 816; Times, 11 March 1999; [1999] 1 FLR 1182 Â HF Pension Trustees Ltd v Ellison and Others Times, 05 March 1999; Gazette, 24 February 1999; [1999] Lloyds LR (PN) 489 24 Feb 1999 ChD Jonathan Parker J Limitation, Professional Negligence In an allegation of professional negligence which had lead to a transfer of funds, time ran for limitation purposes from the time of the transfer, and not from the point later when it became apparent that the legal advice may have been negligent. A solicitor had advised that a transfer of pension funds was lawful, but a later decision of the courts clarified that this was wrong. The limitation period was not extended because the unlawfulness was a matter of law and all the facts had been known: “What the plaintiff’s argument boils down to is that although it knew all the material facts it did not know until later that those facts gave rise to a claim in negligence. In my judgment, however, in cases under section 14A as in personal injury cases, their ignorance that the known facts may give rise to a claim in law cannot postpone the running of time under the 1980 Act. As I read the sections and the authorities, both section 14 and section 14A are concerned exclusively with matters of fact provable by evidence, as opposed to matters of English law, in respect of which evidence is inadmissible.” Latent Damage Act 1986 - Limitation Act 1980 14A 1 Citers Â Laurena Polson (By Her Next Friend and Mother Pauline Polson) v Dr Nihal Tissa De Silva [1999] EWCA Civ 896 4 Mar 1999 CA Professional Negligence, Personal Injury [ Bailii ] Â Davis v Howard Saul Jacobs Camden and Islington Health Authority Novartis Pharmaceuticals (Uk) Limited Howard Clive Smith [1999] EWCA Civ 911 5 Mar 1999 CA Professional Negligence, Limitation [ Bailii ] Â Keith Walker v Wolferstans (a Firm) [1999] EWCA Civ 939 10 Mar 1999 CA Professional Negligence The plaintiff sought damages against the defendants for having allowed his claim to the Criminal Injuries Compensation Board to fail by limitation. He now sought leave to appeal out of time after his claim was struck out for failure to comply with an unless order. Held: The appeal failed. The plaintiff had failed to demonstrate any error in the judge's decision. 1 Cites Â James Frederick Shade v Compton Partnership (a Firm) [1999] EWCA Civ 951 11 Mar 1999 CA Professional Negligence The claimant sought leave to appeal the striking out of his claim for negligence against his former solicitors. Held: A point of law of sufficient interest was raised to justify leave to appeal. 1 Cites 1 Citers [ Bailii ] Â Â Derry v Ministry of Defence; CA 18-Mar-1999 - Times, 30 March 1999; Gazette, 21 April 1999; [1999] EWCA Civ 1016; [1999] PIQR P204 Â Christopher Gaul v Robert Raeburn [1999] EWCA Civ 1048 22 Mar 1999 CA Personal Injury, Professional Negligence, Damages, Health Professions [ Bailii ] Â Burrows v Forest Health Care NHS Trust [1999] EWCA Civ 1147 31 Mar 1999 CA Personal Injury, Professional Negligence [ Bailii ] Â Summit Financial Group Ltd v Slaughter and May (a Firm) Times, 02 April 1999 2 Apr 1999 ChD Professional Negligence A law firm dividing the drafting of substantial documentation between different sections of the firm must be liable in negligence, if no one senior person has overall responsibility and an error ensues. No need to seek rectification first. Â St Helen's and Knowsley Area Health Authority v Briody [1999] EWCA Civ 1229 21 Apr 1999 CA Professional Negligence, Health Professions [ Bailii ] Â Merivale Moore Plc; Merivale Moore Construction Limited v Strutt and Parker (a Firm) Times, 05 May 1999; Gazette, 12 May 1999; [1999] 1 EGLR 171; [1999] EWCA Civ 1239; [2000] PNLR 498 22 Apr 1999 CA Buxton LJ Professional Negligence An agent valuing a commercial property and estimating the return to be obtained without qualification, was responsible in damages where the clients would not have proceeded on properly qualified advice. The process of valuation does not admit of precise conclusions, and thus that the conclusions of competent and careful valuers may differ, perhaps by a substantial margin, without one of them being negligent. The court first tests whether the case falls outside the range of proper valuations, the 'bracket'. The bracket is not to be determined in a mechanistic way, divorced from the facts of the instant case. 1 Cites 1 Citers [ Bailii ] Â Electra Private Equity Partners (a Limited Partnership) and others v KPMG Peat Marwick (a Firm) and others [1999] EWCA Civ 1247; [2001] 1 BCLC 589 23 Apr 1999 CA Professional Negligence, Litigation Practice In interlocutory appeals some relaxation of the strictness of the conditions set down in Ladd v Marshall might be appropriate, according to the nature of the interlocutory hearing and the individual circumstances of the case. That would particularly be so where the battleground or its timing were not of the appellant's choice. 1 Cites 1 Citers [ Bailii ] Â 100 Old Broad Street Ltd and others v Sidley and Another [1999] EWCA Civ 1286 28 Apr 1999 CA Professional Negligence, Damages [ Bailii ] Â Macaulay and Farley v Premium Life Assurance Co Ltd Unreported, 29 April 1999 29 Apr 1999 Park J Professional Negligence, Damages, Wills and Probate Executors claimed as damages the amount of Inheritance Tax which became payable on death as a result of the negligent advice given to the deceased by the defendant. Held: The damage claimed (liability for inheritance tax) was not suffered until the date of death. "The claimants are not suing in respect of a lost opportunity suffered by Mrs Macaulay in her lifetime. They are suing in respect of the IHT liability which arose on Mrs Macaulay's death and which did not exist until she died." and "the damage relied on as a central ingredient of the cause of action is the amount of IHT payable by Mrs Macaulay's estate. In my judgment, it is of some relevance that the IHT payable on death is imposed directly on the personal representatives as such. It is not imposed on the deceased " 1 Citers Â Lloyds Bank Plc v James Patrick Paul Quinn and Andrea Judith Quinn and Challinor Roberts Cooksey (a Firm) [1999] EWCA Civ 1352 6 May 1999 CA Professional Negligence [ Bailii ] Â Joyce Neate v Swatton Hughes and Company [1999] EWCA Civ 1372 10 May 1999 CA Professional Negligence, Limitation [ Bailii ] Â Oakes v Kingsley Napley (a Firm) [1999] EWCA Civ 1389 12 May 1999 CA Professional Negligence [ Bailii ] Â Kapur v J W Francis and Co [1999] EWCA Civ 1430 18 May 1999 CA Insurance, Professional Negligence Notwithstanding a finding by a High Court Judge that Mr Kapur "had shaded the truth", and "lacked frankness in his evidence", the Court set aside a credibility finding on the basis that not only was there a lack of reasoning as to why the Judge preferred Mr Kapur’s evidence, but that no such finding could appropriately have been made. 1 Cites 1 Citers [ Bailii ] Â Abbey National Plc v Clive Travers and Co (a Firm) [1999] EWCA Civ 1426 18 May 1999 CA Lord Justice Simon Brown , Lord Justice Auld, Lord Justice Thorpe Professional Negligence, Litigation Practice, Legal Professions The defendants appealed an order for discovery saying it would infringe their duty of confidence to their clients. The firm had acted for the buyer, seller and lender. A fraud on the lender was alleged. The solicitors sought to rely upon the privilege without having asked the clients who owned it. Held: The issue of fraud or impropriety had been raised sufficiently in the pleadings to justify the request for dicslosure. 1 Cites [ Bailii ] Â Birmingham Midshires Building Society v Infields (A Firm) [1999] EWHC Technology 232 20 May 1999 TCC Limitation, Professional Negligence [ Bailii ] Â Birmingham Midshires Building Society v Infields (A Firm) [1999] EWHC Technology 232 20 May 1999 TCC Judge Bowsher QC Professional Negligence, Trusts, Legal Professions The defendant solicitors had acted for the lenders and borrower in a mortgage transaction. The claimant sought repayment of the entire loan, alleging breach of fiduciary duty, in having preferred the interests of one client over those of another. The betrayal of trust inherent in a breach of duty must be a deliberate act. They alleged that he knew the property was to be used for letting in breach of their offer terms. The solicitor understood the lender to know of this intention, and was negligent in not confirming it, but there was no deliberate act in breach of trust. To extend the limitation period under s32, the claimants must show that they could not have discovered the breach with reasonable diligence. They also knew of the possibility of a claim before receiving the file. The could not extend the limitation period under s 14A by their delay in obtaining expert advice. Limitation Act 1980 14A 32 1 Cites Â Brock (Suing By his Next Friend Ronald George Brock) v Frenchay Healthcare Trust [1999] EWCA Civ 1446 20 May 1999 CA Simon Brown, Auld Thorpe LJJ Professional Negligence [ Bailii ] Â Connolly-Martin v Davis Times, 08 June 1999; Gazette, 09 June 1999; [1999] EWCA Civ 1509; [1999] Lloyds Rep PN 790; [1999] PNLR 826; [1999] All ER (D) 552 27 May 1999 CA Brooke, Beldam, Mummery LJJ Legal Professions, Professional Negligence 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 court an undertaking on behalf of his client had no duty of care to his own client's opponent, unless there was something to indicate a particular adoption of such a duty. This applies even where the undertaking was given in excess of his authority and proved unenforceable. The authorities did not support the proposition "that counsel for one party may in the absence of circumstances evidencing a voluntary assumption of responsibility to that other party owe a legally enforceable duty of care to that party" and " as a general principle counsel owes a duty to his lay client to do for him all that he properly can, with due care and attention. Counsel owes no such duties to those who are not his clients. He is no guardian of their interests, and indeed what he does for his client may be hostile and injurious to his opponents. In the ordinary course of adversarial litigation counsel or solicitor owes no duty to the lay client’s adversary." 1 Cites 1 Citers [ Bailii ] Â Andrew and others (Trustees of the Air Travel Trust and the Civil Aviation Authority) v Kounnis Freeman (a Firm) [1999] EWCA Civ 1499 27 May 1999 CA Professional Negligence [ Bailii ] Â Worby, Worby and Worby v Rosser Times, 09 June 1999; Gazette, 16 June 1999; [1999] EWCA Civ 1520; [2000] PNLR 140 28 May 1999 CA Lord Justice Peter Gibson Lord Justice Ward Lord Justice Chadwick Professional Negligence, Wills and Probate, Legal Professions Three potential beneficiaries sought payment from a solicitor of the costs of resisting the grant of probate to a will, saying that he had owed them a duty of care to ensure that the testator did not execute a later will in circumstances in which he lacked testamentary capacity and was subject to the malign influence of a third party. They succeeded, and sought their costs direct from the solicitor. Held: The estate had suffered no proven loss. A solicitor, following his client's instructions on the drafting of a new will, carried no duty of care to the expectancies of beneficiaries under an earlier will which was to be revoked by the new one. An estate facing an unmeritorious claim could not recover its costs from a solicitor who did not have a duty to the claimants. 1 Cites 1 Citers [ Bailii ] Â Â N v Agrawal; CA 9-Jun-1999 - Times, 09 June 1999 Â Badgepalm Limited v Peter James Jones and Freeman Johnson (a Firm) [1999] EWCA Civ 1576 15 Jun 1999 CA Professional Negligence [ Bailii ] Â Drivers Jonas (a Firm) v Ralph J Lehmann (Acting By Lehmann, her Personal Representative) [1999] EWCA Civ 1626; [1999] EWCA Civ 1627; [1999] EWCA Civ 1644; [1999] EWCA Civ 1645 21 Jun 1999 CA Professional Negligence [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Holder v Ealing Health Authority [1999] EWCA Civ 1688 25 Jun 1999 CA Professional Negligence [ Bailii ] Â Â FNCB Ltd v Barnet Devanney and Co Ltd; CA 1-Jul-1999 - Gazette, 14 July 1999; Times, 28 September 1999; [1999] EWCA Civ 1729 Â Neville Leeson Cox v Hunt and Coombs (a Firm) [1999] EWCA Civ 1753 2 Jul 1999 CA Professional Negligence [ Bailii ] Â Frost v James Finlay Bank Limited [1999] EWCA Civ 1789 8 Jul 1999 CA Banking, Professional Negligence [ Bailii ] Â James Brocklesby v Armitage and Guest (a Firm) [1999] EWCA Civ 1797; [2002] 1 WLR 598; [2001] 1 All ER 172 9 Jul 1999 CA Professional Negligence, Limitation A failure by an adviser to make his position clear when he thought he had been negligent, could constitute a "deliberate" act within section 32 even if the defendant’s actions were not motivated by any intention to deceive the claimant: "it is not necessary for the purpose of extending the limitation period pursuant to Section 32(1)(b) to demonstrate that the fact relevant to the claimant's right of action has been deliberately concealed in any sense greater than that the commission of the act was deliberate in the sense of being intentional and that that act or omission, as the case may be, did involve a breach of duty whether or not the actor appreciated that legal consequence." Limitation Act 1980 32(2) 1 Cites 1 Citers [ Bailii ] Â Willerby Caravan Company Limited v John H Liddle; John Rawdon Binnington; H C Robinson and Sons (a Firm) and D J Broady Limited [1999] EWCA Civ 1809 9 Jul 1999 CA Professional Negligence [ Bailii ] Â Dempsey v National Westminster Bank Plc [1999] EWCA Civ 1853 15 Jul 1999 CA Banking, Professional Negligence Application for permission to appeal out of time. [ Bailii ] Â Stockler and Another v Hawker (T/a Robert Hawker and Associates) [1999] EWCA Civ 1876 16 Jul 1999 CA Professional Negligence [ Bailii ] Â Â General Mediterranean Holdings SA v Patel and Another; QBD 19-Jul-1999 - Times, 12 August 1999; Gazette, 11 August 1999; [1999] EWHC 832 (Comm); [1999] Lloyds Rep PN 919; [1999] 2 Costs LR 10; [2000] 1 WLR 272; [1999] 3 All ER 673; [2000] UKHRR 273; [1999] PNLR 852; [2000] HRLR 54; [1999] CPLR 425 Â Ogilvy and Mather Limited v Rubinstein Callingham Polden and Gale [1999] EWCA Civ 1896 20 Jul 1999 CA Legal Professions, Professional Negligence The claimant appealed against a finding on its claim for professional negligence against its former solicitors in the conduct of a claim against it. [ Bailii ] Â Carew v Bexley and Greenwich District Health Authority [1999] EWCA Civ 1889 20 Jul 1999 CA Professional Negligence Â Rushmer and Another v Countrywide Surveyors (1994) Ltd and Another Gazette, 21 July 1999 21 Jul 1999 TCC Professional Negligence, Damages The measure of damages for a negligent survey was either the excess paid, or the diminution of value. The question of the uncertainty of what decisions would have been taken had further surveys been made was of no significance. The wrongly surveyed building, being in this case a main building rather than an outbuilding, damages were also awarded for hire of storage space. 1 Cites 1 Citers Â Hirst v Etherington and Another Times, 21 July 1999; Gazette, 11 August 1999; [1999] EWCA Civ 1850; [1999] Lloyds Rep PN 938 21 Jul 1999 CA Legal Professions, Professional Negligence A solicitor, who re-assured a lender that his guarantee of a borrower's loan, was given by him in the normal course of business, was not in fact so acting. The lender, if wanting to rely upon that re-assurance to claim against the solicitor's partner, was to show reasonable care and competence in assessing whether the assurance was given in the normal course of a solicitor's practice. 1 Citers [ Bailii ] Â Shade v Compton Partnership (a Firm) [1999] EWCA Civ 1930 22 Jul 1999 CA Limitation, Professional negligence 1 Cites 1 Citers [ Bailii ] Â Sir David Alliance v Regent Holdings Incorporated [1999] EWCA Civ 1953 23 Jul 1999 CA Auld, Aldous LJJ, Gage J Professional Negligence Allegation of negligent valuation of property [ Bailii ] Â Maes Finance Limited, Mac No 1 Limited v Sharp and Partners (A Firm) 1995 ORB 984 27 Jul 1999 TCC Professional Negligence Â David Gower v London Borough of Bromley [1999] EWCA Civ 2012 29 Jul 1999 CA Auld LJ, Aldous LJ, Gage J Professional Negligence, Education [ Bailii ] Â Lyle v Chipchase (a Firm); Chipchase Jarvis and Co (a Firm); Hall; Mayo; Giebel; Godfrey; Wimble and Gardner [1999] EWCA Civ 2054 30 Jul 1999 CA Professional Negligence [ Bailii ] Â Izzard and Another v Field Palmer (a Firm) and others and Ministry of Defence [1999] EWCA Civ 2045 30 Jul 1999 CA Professional Negligence The plaintiffs purchased their property after a valuation report to their lenders prepared by the respondent. The property was on an estate which proved to have serious faults of construction, and the design had proved at fault. The property could not be sold. They sought damages. Held: The standard work for valuers stated that for such system built properties they could not be recommended without a clear full structural report. That had not been obtained. The appeal on liability by the valuer failed. 1 Cites Â Curry's Group Plc v Martin Gazette, 13 October 1999; [1999] 3 EGLR 165 13 Oct 1999 QBD Mr Michael Harvey QC Professional Negligence The valuer valued a lease for a rent review clause, after advice, on the basis that the rent stated was to be a headline rent. The claim was dismissed because a valuer acting in such a situation was not substantially different from one undertaking a valuation. Valuation remained an uncertain art particularly where different bases of valuation might be appropriate. Possible incentives payable by the landlord were relevant considerations. The submission made on its behalf was that it was sufficient to show that the defendant was negligent in his methodology in a way that was adverse to it, and that damages are recoverable even though the rent determined was one that a reasonably competent surveyor could have determined. That submission was firmly based on Lion Nathan. The claimant submitted that Merivale Moore was decided per incuriam, on the ground that Lion Nathan did not appear to have been cited. Held: It was inconceivable that Lion Nathan overlooked Merivale. The doctrine of per incuriam does not apply to decisions of the Privy Council. He therefore held that he was bound to follow the ratio of Merivale Moore. 1 Cites 1 Citers Â Â MacFarlane and Another v Tayside Health Board; HL 21-Oct-1999 - Times, 26 November 1999; [2000] 2 AC 59; [1999] UKHL 50; [1999] 4 All ER 961 Â Pearson v Witherspoon [1999] EWCA Civ 3032; [2000] PNLR 110; [2000] Lloyd's Rep PN 151 22 Oct 1999 CA Professional Negligence [ Bailii ] Â Harrison and Another v Bloom Camillin Gazette, 25 November 1999; Times, 12 November 1999; (2001) PNLR 195 28 Oct 1999 ChD Neuberger J Damages, Professional Negligence When assessing the losses suffered by a plaintiff alleging that, through the professional negligence of his solicitors, he had lost the opportunity to pursue a similar action against his accountants, it was right to acknowledge, and allow for the fact that the vast majority of such actions came to be settled rather than going to full trial. The damages should reflect the uncertainties of litigation. The issue of law which would have arisen in the lost action should be treated as a question of fact in this dependent action. 1 Cites Â Â Law Society v KPMG Peat Marwick and Others; ChD 3-Nov-1999 - Times, 03 November 1999; Gazette, 17 November 1999; Gazette, 10 November 1999 Â Hammersmith Hospitals NHS Trust and Others v Troup Bywaters and Anders (A Firm) [1999] EWHC Technology 273 12 Nov 1999 TCC His Honour Judge John Toulmin Cmg Qc Contract, Professional Negligence, Evidence Contract - professional negligence - duty of care - general consulting engineers - advice to NHS trust whether negligent - expert evidence - admissibility of evidence in the same profession with specialist professional expertise. [ Bailii ] Â Penney and Others v East Kent Health Authority Times, 25 November 1999; Gazette, 08 December 1999; [2000] PNLR 323; [1999] EWCA Civ 3005 16 Nov 1999 CA Professional Negligence, Health Professions A cervical smear screener could be liable in negligence if he failed to spot obvious abnormalities in a test result which indicated that further investigation was required. To say this is not to say that such screening tests were expected to achieve full reliability. The court should ask what was on the slide to be seen, what would be seen by someone taking reasonable care, and whether what was so seen by a competent screener be passed. 1 Cites 1 Citers [ Bailii ] Â Little and Others v George Little Sebire and Co Times, 17 November 1999 17 Nov 1999 QBD Damages, Litigation Practice, Professional Negligence 1 Cites 1 Citers Â Â Nunnerley and Another v Warrington Health Authority and Another; QBD 26-Nov-1999 - Times, 26 November 1999; Gazette, 25 November 1999 Â Â James v East Dorset Health Authority; CA 7-Dec-1999 - Times, 07 December 1999 Â Charles v Hugh James Jones and Jenkins (A Firm) Times, 22 December 1999; [2000] 1 WLR 1278 22 Dec 1999 CA Personal Injury, Professional Negligence Where a personal injury claimant's claim had been lost because of the solicitor's negligence, the notional time for assessment of damages was the time at which a trial might properly have been expected to have been held. This did not however preclude the admission of, for example, medical evidence which only became available after that date. 1 Citers Â
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Professional Negligence - From: 1999 To: 1999