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Professional Negligence - From: 2004 To: 2004

This page lists 52 cases, and was prepared on 02 April 2018.

 
Thomson v Christie Manson and Woods Ltd and Another [2004] EWHC 1101 (QB); [2004] PNLR 42
2004
QBD
Jack J
Contract, Professional Negligence
Two urns had been auctioned as "a pair of Louis XV porphyry and gilt–bronze two-handled vases". The buyer claimed that this was false. The parties agreed Christie's had impliedly represented that it had reasonable grounds for its opinion. Held: Jack J said: "The representation is not simply that the urns were Louis XV because that is a matter of opinion. The representation is that that was Christie's opinion and that Christie's had reasonable grounds for that opinion. This approach was not in issue between Ms Thomson and Christie's and in my view is sound in principle".
1 Citers


 
Flaxmann-Binns v Linconshire County Council [2004] EWCA Civ 424
2004
CA

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


 
Ward v The Leeds Teaching Hospital NHS Trust [2004] EWHC 2106 (QB)
2004
QBD
Hawkesworth QC HHJ
Professional Negligence
The court considered a claim by a mother who had witnessed her 22 year old daughter motionless in the recovery unit after failing to emerge from anaesthesia following a routine operation to remove a wisdom tooth. Four events said to be shocking were relied upon:
(a) Seeing Catherine motionless in the recovery unit and touching her hand;
(b) Seeing her in the intensive care unit with a variety of tubes present;
(c) Seeing her in the chapel of rest bleeding from her ears with her neck and chest area bruised as if she had been battered;
(d) Being informed that the brain would be kept for examination. Held: The judge was to decide whether Mrs Ward had suffered PTSD. He said this of the evidence of the Defendants' consultant psychiatrist: "Dr Reveley's opinion as to PTSD is founded upon a wide experience of reporting upon incidents which without question met the relevant criteria for PTSD - Kings Cross, Hillsborough and other such major disasters. Her insistence that a necessary criterion must be a clearly shocking event of a particularly horrific nature seemed to me to accord with the diagnostic criteria produced in evidence. An event outside the range of human experience, sadly, does not it seems to me encompass the death of a loved one in hospital unless also accompanied by circumstances which were wholly exceptional in some way so as to shock or horrify. Mrs Ward's own descriptions of these incidents did not strike me as shocking at the time in that sense, although undoubtedly they were distressing. To describe an event as shocking in common parlance is to use an epithet so devalued that it can embrace a very wide range of circumstances. But the sense in which it is used in the diagnostic criteria for PTSD must carry more than that colloquial meaning."
1 Citers


 
Society of Lloyd's v Laws and others [2004] EWHC 71 (Comm); [2004] EWHC 130 (Comm)
28 Jan 2004
ComC
The Honourable Mr Justice Cooke
Torts - Other, Professional Negligence, Insurance

1 Cites

[ Bailii ] - [ Bailii ]
 
Humblestone v Martin Tolhurst Partnership (A Firm) [2004] EWHC 151 (Ch); Times, 27 February 2004; Gazette, 04 March 2004
5 Feb 2004
ChD
Mann, The Honourable Mr Justice Mann
Wills and Probate, Professional Negligence
The solicitors sent a will to the client for execution, but failed to notice on its return that it had not been properly executed, the signature not being that of the client. Held: The solicitors were under a duty to ensure that the will would ostensibly have been properly executed according to the facts known to them. In this case such a duty was assumed additionally by the solicitor checking it. The solicitor was liable.
1 Cites

[ Bailii ]
 
Browning and Another v Messrs Brachers (A Firm) [2004] EWHC 16 (QB)
13 Feb 2004
QBD
Jack J
Professional Negligence

1 Cites

1 Citers

[ Bailii ]
 
Williams v Fanshaw Porter and Hazelhurst [2004] EWCA Civ 157; Times, 27 February 2004; Gazette, 25 March 2004; [2004] PNLR 544; [2004] 1 WLR 3185
18 Feb 2004
CA
Mr Justice Brooke Lord Justice Mance Mr Justice Park
Limitation, Professional Negligence
The claimant alleged that her solicitors had concealed from her the fact that they had entered a consent order which dismissed her claim for medical negligence. Held: The solicitor had failed to inform the client that her original claim against a doctor had been struck out although he was aware at the time that it was his duty to do so. The result was to postpone commencement of the limitation period against the claimant. The relationship of solicitor and client created a particular duty of disclosure.
Park J said: "ii) Although the concealed fact must have been relevant to the right of action, the paragraph does not say, and in my judgment does not require, that the defendant must have known that the fact was relevant to the right of action. In most cases where s.32(1)(b) applies the defendant probably will have known that the fact or facts which he concealed were relevant, but that is not essential. All that is essential is that the fact must actually have been relevant, whether the defendant knew that or not. The paragraph does of course require that the fact was one which the defendant knew, because otherwise he could not have concealed it. But it is not necessary in addition that the defendant knew that the fact was relevant to the claimant's right of action. iv) The requirement is that the fact must be 'deliberately concealed'. It is, I think, plain that, for concealment to be deliberate, the defendant must have considered whether to inform the claimant of the fact and decided not to. I would go further and accept that the fact which he decides not to disclose either must be one which it was his duty to disclose, or must at least be one which he would ordinarily have disclosed in the normal course of his relationship with the claimant, but in the case of which he consciously decided to depart from what he would normally have done and to keep quiet about it." Some of the claims succeeded and other failed.
Limitation Act 1980 32(1)(b)
1 Cites

1 Citers

[ Bailii ]
 
Atkins v Dunn and Baker (A Firm) [2004] EWCA Civ 263
19 Feb 2004
CA
Lord Justice Pill Lord Justice Thomas Lord Justice Jacob
Professional Negligence, Wills and Probate
The claimant's father had made a will leaving everything to her, but he had then remarried. He instructed his solicitors to prepare a will to revive the gift to her. They sent him a draft but did not chase it when it was not approved. It was agreed that the claimant was owed a duty of care. The recorder had concluded that there was no duty further to chase a client who may not have wished to take the matter any further. Held: There may not always be a duty to chase up a client. This client was known to be meticulous, and his failure to reply seen properly as choosing not to go ahead. The appeal failed.
1 Cites

[ Bailii ]
 
Pickersgill and Another v Riley [2004] UKPC 14; Times, 02 March 2004; Gazette, 25 March 2004; [2004] PNLR 31
25 Feb 2004
PC
Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead, Lord Scott of Foscote, Baroness Hale of Richmond
Commonwealth, Legal Professions, Professional Negligence
PC (Jersey) The solicitor appealed a finding of negligence. He had failed to advise his client when he acted as a guarantor for a proposed assignee of a lease that the company may be a shell company. It had been argued that he had become an homme d'affaire for his client and under a general duty to advise. Held: The client was an experienced businessman by whom such risks were well understood. The solicitor, even as homme d'affaires, was not under a duty to investigate matters outside the explicit or implicit range of his instructions. "The scope of a solicitor's duty is governed by the instructions he receives and the circumstances of the case. The scope of a solicitor's duties may in some cases justify his description as an "homme d'affaires" but the bestowing of that description on him cannot alter or add to the extent of the duty of care that he would otherwise owe."
1 Cites

1 Citers

[ PC ] - [ Bailii ] - [ PC ]
 
Coudert Brothers v Normans Bay Limited (Formerly Illingworth, Morris Limited) [2004] EWCA Civ 215; Times, 24 March 2004; Gazette, 01 April 2004
27 Feb 2004
CA
Lord Justice Laws Lord Justice Waller Lord Justice Carnwath
Contract, Company, Professional Negligence, Damages
The respondent had lost its investment in a Russian development, and the appellants challenged a finding that they had been negligent in their advice with regard to the offer documents. Held: As to the basis of calculation of damages as to a loss of chance, the root question was what damages had followed. The Appeal was allowed in part. A defendant should be disallowed from relying upon a wrong he had himself committed to reduce the damages which might otherwise flow.
1 Cites

1 Citers

[ Bailii ]
 
Hughes and others (By Their Litigation Friend) v Richards (Trading As Colin Richards and Co ) [2004] EWCA Civ 266; [2004] PNLR 35
9 Mar 2004
CA
Lord Justice Aldous Lord Justice Peter Gibson Lord Justice Jacob
Professional Negligence, Litigation Practice
Parents and their children claimed against a tax adviser for negligence in relation to setting up an offshore trust. The defendant applied to strike out the children's claim on the basis that the defendant owed them no duty of care and only the parents could recover. The success of the claim was dependant upon the development of the law in White v Jones. Held: An application to strike out on this ground should not be granted unless the court is certain that the claim is bound to fail. Peter Gibson LJ said: "I start by considering what is the correct approach on a summary application of the nature of Mr. Richards's application at this early stage in the action when the pleadings show significant disputes of fact between the parties going to the existence and scope of the alleged duty of care. The correct approach is not in doubt: the court must be certain that the claim is bound to fail. Unless it is certain, the case is inappropriate for striking out . ."
1 Cites

1 Citers

[ Bailii ]
 
Haward and Others v Fawcetts (A Firm) and Another [2004] EWCA Civ 240
11 Mar 2004
CA
Mr Justice Charles Lord Justice Potter Lord Justice Parker
Professional Negligence, Limitation
The court looked at the date from which the limitation period ran in an action for professional negligence: "It is clear from the words of the section itself . . that it is concerned with knowledge of facts, as opposed to knowledge of matters of law. In particular, subsection (9) specifically excludes knowledge that the defendant acted negligently." (Jonathan Parker L.J)
Limitation Act 1980
1 Citers

[ Bailii ]
 
Daniels v Thompson [2004] EWCA Civ 307; Times, 23 March 2004; [2007] Lloyd's Rep PN 16
18 Mar 2004
CA
The Hon Mr Justice Gray Lord Justice Dyson Lord Justice Carnwath
Professional Negligence, Limitation
The executor brought an action against the solicitor who had advised his client in connection with the transfer of her house in which she was to continue to live, saying he should have advised her that the gift would not protect her from Inheritance Tax liability because she continued to live in the house. Held: In this case the claim was statute barred in any event, but had the claim continued, it would have been asked when the loss occurred, and it would have been at the date of the gift, and not at any later date. Accordingly there would have been no damages to claim as by the executor, and the claim would have also failed for this reason. The court considered "inadequate transactions": "There have been several cases where a negligent person (usually a solicitor) failed adequately to protect the client's interests and/or procured less valuable rights for the client than should have been procured and/or did not secure for the client that to which he or she was entitled. In each of these cases the court has held that the client suffered loss when what I shall for convenience call "the inadequate transaction" was concluded, and not at the later date when the risk against which the solicitor had failed to provide protection eventuated."
1 Cites

1 Citers

[ Bailii ]
 
Morshead Mansions Ltd v PJD Langford and others [2004] EWCA Civ 430
29 Mar 2004
CA

Limitation, Professional Negligence

[ Bailii ]
 
Jemma Trust Company Limited v Kippax Beaumont Lewis and others [2004] EWHC 703 (Ch)
1 Apr 2004
ChD
Mr Justice Evans-Lombe
Wills and Probate, Professional Negligence

1 Cites

1 Citers

[ Bailii ]
 
Charis Manolakaki v John Constantinides, Michael Lange (on Behalf of Lloyd's Syndicate 1208 (Cox)) [2004] EWHC 749 (Ch)
2 Apr 2004
ChD
The Honourable Mr Justice Peter Smith
Professional Negligence, Insurance

[ Bailii ]
 
Flaxman-Binns v Lincolnshire County Council [2004] EWCA Civ 424; Times, 27 May 2004; [2004] 1 WLR 2232
5 Apr 2004
CA
Lord Justice Clarke Lord Phillips Of Worth Matravers, Mr Lord Justice Jacob
Education, Professional Negligence, Civil Procedure Rules
When looking at whether to lift a stay on an action imposed before the coming into effect of the Civil Procedure Rules, the court should look at each of the items listed in the rule, and should then stand back and look at the overall needs of justice.
Civil Procedure Rules 39.2
1 Cites

[ Bailii ]
 
Popat v Barnes Times, 05 July 2004; [2004] EWHC 741 (QB)
7 Apr 2004
QBD
Buckley J
Professional Negligence
The claimant had at first been convicted of a rape, but acquitted after a second appeal. He now sued the barrister who had represented him at the trial alleging negligence in (inter alia) failing to present fully the alibi evidence. Held: Defence counsel should have reconsidered the decision whether or not to seek an alibi direction. Nevertheless, he could not sue his barrister for the choices made in the trial, the decision had been made as a tactical one within the trial: "Neither counsel nor the Judge had dwelt on or "compartmentalised" the topic of alibi. All had addressed the jury on the basis that the issue was identification. Viewed objectively, the alibi was probably not water-tight and for the Defendant to form the view that the less said on the topic the better and the last thing she wanted was for attention to be focussed on possible lies in that respect by the defendant, let alone his parents, was entirely reasonable. Her view was that there were valid points to be made on the identification evidence and therein lay Mr Popat's best chance of an acquittal. Put more legalistically; the Defendant's view of the matter and her decision cannot, in my view, fairly be described as one that no competent counsel could share."
1 Cites

1 Citers

[ Bailii ]

 
 Triodos Bank, Dobbs, Acorn Televillages Limited v Dobbs and Others; ChD 19-Apr-2004 - [2004] EWHC 845 (Ch)
 
Mellor, Administrator of the Estate of Mellor Deceased v Sheffield Teaching Hospitals NHS Trust, Dr Groves, Dr Richards [2004] EWHC 780 (QB)
22 Apr 2004
QBD
The Honourable Mr Justice Gross
Personal Injury, Professional Negligence

[ Bailii ]
 
Montlake, Yarranton and Wills (As Trustees of Wasps Football Club) v Lambert Smith Hampton Group Ltd, Nicholson Graham and Jones [2004] EWHC 938 (Comm); [2004] EWHC 1503 (Comm)
6 May 2004
ComC
Mr Justice Langley
Contract, Professional Negligence

[ Bailii ] - [ Bailii ]
 
Greymalkin Ltd v Copleys [2004] EWHC 1155 (Ch)
18 May 2004
ChD
Mr Justice Collins
Professional Negligence

1 Cites

1 Citers

[ Bailii ]
 
Price Waterhouse (A Firm) v University of Keele [2004] EWCA Civ 583
19 May 2004
CA
Lord Justice Buxton Lady Justice Arden Lord Justice Wall
Professional Negligence

Unfair Contract Terms Act 1977
[ Bailii ]
 
Albert Floyd, Maureen Ann Floyd and Boundary Parks Limited v John Fairhurst and Co [2004] EWCA Civ 604
21 May 2004
CA

Professional Negligence

[ Bailii ]

 
 Perotti v Collyer-Bristow (A Firm); CA 21-May-2004 - [2004] EWCA Civ 639; [2004] 4 All ER 53
 
Green and Another v Alexander Johnson (A Firm) and Another [2004] EWHC 1205 (Ch)
26 May 2004
ChD
The Honourable Mr Justice Peter Smith
Professional Negligence, Damages
The judgment related to the assessment of damages for professional negligence by the defendants. The court deprecated the practice of separating off assessments of damages from the principal claim, since this created a risk of confusion. The defendants had advised on applications to extend leases, and had failed to deny that they qualified to be extended, and new leases had to be granted. Held: The difficulties would have occurred whether or not correct advice had been given, and the court was unable to say the negligence was the cause of the damage. The basis for the credit to be given for the claim was the amount of valuation, not the sums actually received.
1 Cites

[ Bailii ]
 
Clarke Willmott and Clarke v Evans [2004] EWCA Civ 803
9 Jun 2004
CA

Professional Negligence, Legal Professions

[ Bailii ]
 
Popat v Barnes [2004] EWCA Civ 820
10 Jun 2004
CA

Professional Negligence
The claimant's allegation of professional negligence against his barrister for the conduct of his criminal trial had been dismissed. He now sought leave to appeal. The decision had been made not to alert the judge to a deficiency in the alibi warning he had given. Held: The judge was entitled to conclude that the applicant had failed to establish that there was a breach of duty. The choice made by counsel might have been better, but had not been shown to have been negligent.
1 Cites

1 Citers

[ Bailii ]

 
 Adams v Bracknell Forest Borough Council; HL 17-Jun-2004 - [2004] UKHL 29; [2005] 1 AC 76; [2004] 3 WLR 89; [2004] 3 All ER 897

 
 P v Leeds Teaching Hospitals NHS Trust; QBD 18-Jun-2004 - [2004] EWHC 1392 (QB)
 
Jonathan Macartney Ball v Druces and Attlee (A Firm) (No 2) [2004] EWHC 1402 (QB); [2004] PNLR 746
22 Jun 2004
QBD
Mr Justice Nelson
Professional Negligence, Charity

1 Citers

[ Bailii ]
 
John Mowlem Construction Plc v Neil F. Jones and Co. [2004] EWCA Civ 768; Times, 27 August 2004
1 Jul 2004
CA
Lord Justice Judge Lord Justice Tuckey Kay, Lord Justice Kay
Professional Negligence
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.
1 Cites

[ Bailii ]
 
Dixon v Clement Jones Solicitors (A Firm) [2004] EWCA Civ 1005; Times, 02 August 2004; [2007] Lloyds Rep PN 20
8 Jul 2004
CA
Lord Justice Rix, Lord Justice Carnwath, Lord Slynn of Hadley
Professional Negligence, Damages
The defendant firm had negligently allowed a claim for damages against a firm of accountants to become statute barred. The defendants said the claim was of no or little value. Held: The court had to bear in mind the distinction between the loss of chance directly through the professional negligence of a defendant, and the assessment where the chance lost was to sue for professional negligence. Questions of causation were relevant in the first case, but in the latter the task was to assess the value of the underlying claim. There was no requirement on the claimant to prove that she would not have proceeded if she had the right advice. Rix LJ said: "It is the prospects and not the hypothetical decision in the lost trial that have to be investigated."
Rix LJ said: "There is no requirement in such a loss of a chance case to fight out a trial within a trial, indeed the authorities show as a whole that that is what should be avoided. It is the prospects and not the hypothetical decision in the lost trial that has to be investigated . . .The test is not to find out what the original decision of the underlying mitigation would have been as if that litigation had been fought out, but to assess what prospects were."
1 Cites

1 Citers

[ Bailii ]
 
Wendy Clarke, Penelope Anne Clarke (By Gregory Stewart Clarke, her Litigation Friend) v Iliffes Booth Bennett (A Firm) [2004] EWHC 1731 (Ch)
21 Jul 2004
ChD
The Honourable Mr Justice Collins
Professional Negligence

[ Bailii ]
 
Harding v Scott-Moncrieff [2004] EWHC 1733 (QB)
23 Jul 2004
QBD
Buckley J
Professional Negligence
The claimant sought damages for professional negligence leading to the death of the patient. The court had to deal with very widely differing expert reports.
[ Bailii ]

 
 Brennan v Bolt Burdon and Others, London Borough of Islington, Leigh Day and Co; CA 29-Jul-2004 - [2004] EWCA Civ 1017; Times, 27 August 2004; [2005] QB 303; [2004] 3 WLR 1321
 
Maden v Clifford Coppock and Carter (A Firm) [2004] EWCA Civ 1037; [2005] 2 All ER 43; [2005] PNLR 7
30 Jul 2004
CA

Professional Negligence, Damages

[ Bailii ]
 
Harrison and Another v Halliwell Landau (A Firm) [2004] EWCA Civ 1196
18 Aug 2004
CA
Neuberger LJ
Professional Negligence
Application for leave to appeal - dismissed - no prospect of success.
[ Bailii ]
 
R v W Primary Care Trust [2004] EWHC 2085 (Fam)
3 Sep 2004
FD

Litigation Practice, Professional Negligence

[ Bailii ]
 
Morris (A Child By her Mother and Litigation Friend) v Blackpool Victoria Hospital NHS Trust [2004] EWCA Civ 1294
13 Oct 2004
CA
Lord Justice Potter Lord Justice Rix Lord Justice Carnwath
Professional Negligence

[ Bailii ]

 
 Chester v Afshar; HL 14-Oct-2004 - [2005] 1 AC 134; [2004] UKHL 41; Times, 19 October 2004; [2004] 3 WLR 927; 67 BMLR 66
 
Crouch v King's Healthcare NHS Trust [2004] EWCA Civ 1332
15 Oct 2004
CA
Lord Justice Waller Lord Justice Mance And Sir Christopher Staughton
Professional Negligence, Costs, Civil Procedure Rules
The defendants sought approval of their practice of making a written offer to the claimants rather than making a payment into court. The offer had been accepted but only after the defendant had purported to withdraw it. Held: 'it certainly is not open to any defendant to decree unilaterally that where a money claim is being made against it, it will not make a payment into court but will make a written offer on the basis that Part 36 will apply as though he had made a payment into court. ' in making the decision, the judge had been exercising a discretion, and that exercise should not be disturbed.
Civil Procedure Rules 836 44
1 Cites

[ Bailii ]
 
Lillywhite and Another v University College London Hospitals NHS Trust [2004] EWHC 2452 (QB)
3 Nov 2004
QBD
Jack Mr Justice Jack
Professional Negligence
The clamant's daughter had been born with serious brain defects. The defendant's doctor had failed to spot the defect in an ultra scan before her birth. There had been discussions about the scan, and the claimant had considered having an abortion, but acted upon the doctor's re-assurance. Held: The ultrasound system does not produce clear images.
1 Cites

1 Citers

[ Bailii ]
 
Valse Holdings S.A v Merrill Lynch International Bank Ltd. [2004] EWHC 2471 (Comm)
3 Nov 2004
ComC

Financial Services, Professional Negligence

[ Bailii ]
 
Roughton v Weston Area Health Authority and others [2004] EWCA Civ 1509
11 Nov 2004
CA
Mr Justice Hooper Lord Justice Pill Lord Justice Parker
Professional Negligence

[ Bailii ]
 
Benedict White v Paul Davidson and Taylor [2004] EWCA Civ 1511
18 Nov 2004
CA
Lord Justice Ward Lady Justice Arden
Professional Negligence

1 Cites

[ Bailii ]
 
Jemma Trust Company Ltd v Kippax Beaumont Lewis and others [2004] EWCA Civ 1645
22 Nov 2004
CA

Professional Negligence
The defendants asserted that they had executed a trust deed on the advice of senior counsel in conference. The judge said the notes of the meeting did not justify that conclusion. The firm sought permission to appeal. Held: There was room for an appeal court to construe the note in its own way, and leave was given.
1 Cites

[ Bailii ]
 
Lloyds Bank Plc and others v Cassidy [2004] EWCA Civ 1767; Times, 11 January 2005
1 Dec 2004
CA
Lord Justice Auld, Lord Justice Chadwick, Lord Justice Clarke
Insolvency, Professional Negligence, Litigation Practice
The defendant sought leave to appeal against orders for possession. The trial had been transcribed by the claimant. At the start of the application, a copy of the transcript was given to the judge but not the defendant despite his application. Held: The judge should not be provided with a document which was not also to be provided to the other party. The failure to do so was a procedural irregularity. In this case however the transcript had been provided in time for the defence counsel to make use of it for his closing summary, and no prejudice had in fact occurred. The other grounds of appeal failed. Appeal dismissed.
1 Cites

1 Citers

[ Bailii ]
 
Plymouth South West Co-Operative Society Ltd v ASM [2004] EWHC 2938 (TCC)
9 Dec 2004
TCC
His Honour Peter Coulson Q.C.
Professional Negligence, Contract

[ Bailii ]
 
Gravgaard v Aldridge and Brownlee (A Firm) [2004] EWCA Civ 1529; Times, 02 December 2004
9 Dec 2004
CA
May LJ, Arden LJ
Professional Negligence, Limitation
After the court had sent its draft judgment to the parties, counsel on each side had written to the court making fresh submissions. Held: Contentious matters should only be allowed to be re-opened in very limited circumstances once a draft judgment has been issued. In this case, the submissions would not make an alteration to the result of the appeal, though minor textual alterations would be imported.
Limitation Act 1980 14A
1 Cites

1 Citers

[ Bailii ]
 
Greymalkin Ltd. v Copleys (A Firm) [2004] EWCA Civ 1754
13 Dec 2004
CA

Professional Negligence

1 Cites

1 Citers

[ Bailii ]
 
The Law Society v Sephton and Co and others [2004] EWCA Civ 1627; Times, 11 January 2005; [2005] QB 1013
13 Dec 2004
CA
Lord Justice Carnwath, Lord Justice Neuberger and Lord Justice Maurice Kay
Professional Negligence, Limitation
The Society appealed dismissal for limitation of its claim against the defendant firm of accountants arising from alleged fraud in approval of a solicitor's accounts. Held: The liability did not arise until the Society decided to make compensation to those who had been affected by the solicitor's default. The claims in negligence were not time barred, but those in fraud were. (Neuberger LJ dissenting)
Solicitors Act 1974 - Limitation Act 1980 2
1 Cites

1 Citers

[ Bailii ]
 
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