Tabarrok v E D C Lord and Co (A Firm): CA 14 Feb 1997

The appellant wanted to open a pizza restaurant. He and his partners acquired a company for the purpose, which was to take a lease of premises. They sought advice from the defendants who, they said, failed to advise them of the need to be aware of dilapidations and the risks of entering into possession before the lease was formally executed.
Held: The appeal was dismissed. When the claimant executed the guarantee he knew already of the risk of liability for dilapidations. The limitation period runs from when damage arises, in this case from the giving of the negligent advice to sign a guarantee. The requested addition of the new party did not arise from an earlier mistake but from the assignment to the plaintiff. The amendment should not be allowed.
Aldous LJ said: ‘Negligent advice which results in a person giving a security by way of a charge over property or a guarantee can cause damage even before the surety is called in or before the person comes to have to honour the guarantee. That can be demonstrated by taking a case which arose in argument, when a company guarantees the loans of another company. That guarantee would have to be disclosed in the company’s accounts as it would be a liability affecting the value of the shares. If the guarantee was entered into upon negligent advice, then the loans might well have to be paid and the guarantee honoured. Thus, the potential liability of the guarantor would be greater with consequent diminution of the value of the company. ‘
Schiemann LJ said: ‘A guarantor cannot be sued on the guarantee by the creditor until there has been default by the principal debtor. It does not follow that the guarantor has not got a right of action in tort against a solicitor who allegedly negligently advised him to enter into the guarantee prior to that time. He may prefer to wait and see whether he is in fact called upon to pay but, as it seems to me, he can sue his solicitor earlier. If he does the trial judge must do what he can to assess the chance of the surety being called upon to pay under the guarantee. If this is significant, then the judge will assess the damage on the basis of the degree of probability of the surety being held liable to pay a particular sum. ‘

Judges:

Hirst LJ, Aldous LJ, Schiemann LJ

Citations:

Times 14-Feb-1997, [1997] EWCA Civ 951

Jurisdiction:

England and Wales

Citing:

CitedWelsh Development Agency v Redpath Dorman Long Ltd CA 4-Apr-1994
A new claim was not deemed to have been made until the pleading was actually amended for limitation purposes, and should not be allowed after the limitation period had expired. The date of the application for leave to amend was not at issue. The . .
CitedLep Air Services v Rolloswin Investments Ltd; Moschi v LEP Air Services HL 1973
The obligation of a guarantor under a contract ‘is not an obligation himself to pay a sum of money to the creditor, but an obligation to see to it that another person, the debtor, does something.’ When a repudiatory breach is accepted by the injured . .
CitedDW Moore and Co Ltd v Ferrier CA 1988
A solicitor was instructed to prepare an agreement providing for the introduction of a new working director into an insurance broking business carried on by a company. His instructions called for the new director to enter into a restrictive covenant . .
CitedForster v Outred and Co CA 1981
A mother signed a mortgage deed charging her property to H as security for a loan to her son. She claimed the solicitor had been negligent in his advice. The solicitor replied that the claim was out of time. The loss accrued not when demand for . .
CitedBaker v Ollard and Bentley CA 12-May-1982
The plaintiff and a Mr and Mrs Bodman agreed to buy a house. The plaintiff intended to live on the first floor and the Bodmans on the ground floor. The solicitor should have advised them to convey the freehold into their joint names and then to . .
CitedHancock Shipping Limited v Kowaski Heavy Industries CA 1992
Leave was sought by the plaintiffs to amend their points of claim in circumstances where it was common ground that the amendments would introduce new causes of action which, if brought in new proceedings, would have been statute-barred. Held . .
Lists of cited by and citing cases may be incomplete.

Limitation, Professional Negligence

Updated: 20 May 2022; Ref: scu.89686

Penn v Bristol and West Building Society and Others: CA 24 Apr 1997

The solicitor innocently accepted instructions to sell a property, but was misled as to the identity of the wife – one of the joint owners. Unknown to him, however, Mr Penn had forged his wife’s signature on the contract documents. He was sued by the lender to the buyer (who had also been involved in the fraud).
Held: The Solicitor acting for vendor was to be held liable as having given a warranty that he was instructed by the true owners.
Waller LJ having said that the solicitor thought he was acting for the wife as well as the husband and, in all the pre-contract correspondence, negotiations and completion, held himself out as duly authorised by the husband and wife jointly, held that the building society had to establish that a promise had been made to it by the agent, to the effect that the agent had the authority of the principal, and that it had provided consideration by acting in reliance on that promise. He concluded that all the necessary ingredients were present for establishing a warranty by the solicitor in favour of the building society that the solicitor had the authority of Mrs Penn.

Judges:

Staughton, Waite, Waller LJJ

Citations:

Times 24-Apr-1997, [1997] 3 All ER 470, [1997] EWCA Civ 1416, [1997] 1 WLR 1356, [1997] PNLR 607

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fromPenn v Bristol and West Building Society and Others ChD 19-Jun-1995
Solicitors acting for a vendor were liable to the buyers’ mortgagees for breach of warranty of authority for vendor. The solicitor was negligent in not having verified the instructions from the wife who was the joint tenant. . .

Cited by:

Appealed toPenn v Bristol and West Building Society and Others ChD 19-Jun-1995
Solicitors acting for a vendor were liable to the buyers’ mortgagees for breach of warranty of authority for vendor. The solicitor was negligent in not having verified the instructions from the wife who was the joint tenant. . .
CitedA and J Fabrications (Batley) Ltd v Grant Thornton and Others ChD 1998
The plaintiffs, the majority creditors of a company in liquidation, alleged that they had agreed with Grant Thornton, the defendants, to support the appointment of one of the firm’s partners or employees as liquidator of the company, with a view to . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Professional Negligence

Updated: 19 May 2022; Ref: scu.84653

Law Society v KPMG Peat Marwick and Others: CA 29 Jun 2000

The respondent accountants had certified accounts for a firm of solicitors whose dishonest defaults later lead to substantial claims on the compensation fund set up by the claimants.
Held: The Law Society who collected funds from the profession at large and would have to pay out compensation were clearly owed a duty of care by the respondents.

Citations:

Times 04-Jul-2000, Gazette 27-Jul-2000, [2000] 1 All ER 515, [2000] 1 WLR 1921, A3/2000/0175, [2000] EWCA Civ 5563

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fromLaw Society v KPMG Peat Marwick and Others ChD 3-Nov-1999
An accountant, auditing a firm of solicitors, and providing a certificate to the Law Society knew that the Society and its compensation fund would rely upon that certificate and so owed it a duty of care. A negligently given certificate could lead . .

Cited by:

CitedLaw Society v Sephton and Co (a Firm) and Others HL 10-May-2006
A firm of solicitors had a member involved in a substantial fraud. The defendant firm of accountants certified the firm’s accounts. There were later many calls upon the compensation fund operated by the claimants, who sought recovery in turn from . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Legal Professions

Updated: 19 May 2022; Ref: scu.82963

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

Citing:

CitedBelmont 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:

ApprovedBank 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 . .
CitedCriterion 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 . .
CitedCriterion 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: 19 May 2022; Ref: scu.80209

Curry’s Group Plc v Martin: QBD 13 Oct 1999

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.

Judges:

Mr Michael Harvey QC

Citations:

Gazette 13-Oct-1999, [1999] 3 EGLR 165

Citing:

CitedLion Nathan Limited and others v C C Bottlers Limited and others PC 14-May-1996
(New Zealand) A company was sold with a warranty that the sales figures would meet projected earnings. The purchaser successfully complained after the event that the figures were false and misleading. They appealed an order increasing the damages on . .
CitedMerivale Moore Plc; Merivale Moore Construction Limited v Strutt and Parker (a Firm) CA 22-Apr-1999
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 . .

Cited by:

CitedGoldstein v Levy Gee ( A Firm) ChD 1-Jul-2003
There had been a dispute between shareholders, and the defendant was called upon to value the company. He issued a tender for valuers to value the properties. Complaint was made that the tender was negligent in its description of the basis for . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 19 May 2022; Ref: scu.79716

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

Cited by:

CitedDowns 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: 18 May 2022; Ref: scu.567831

Ward v The Leeds Teaching Hospital NHS Trust: QBD 2004

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.’

Judges:

Hawkesworth QC HHJ

Citations:

[2004] EWHC 2106 (QB)

Cited by:

CitedLiverpool Women’s Hospital NHS Foundation Trust v Ronayne CA 17-Jun-2015
The respondent was an experienced ambulance driver. His wife underwent emergency treatment at the appellant’s hospital. He had claimed as a secondary victim for the distress he suffered witnessing her suffering.
Held: The hospital’s appeal . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 18 May 2022; Ref: scu.567372

Arthur J S Hall and Co (A Firm) v Simons etc: CA 14 Dec 1998

The court considered the limits on liability for professional negligence for lawyers in conduct associated with litigation, but outside the courtroom.
Held: Though the court must balance the need for protection against negligence by lawyers with the need to avoid re-litigation of issues settled by courts, case law dictates some exemptions, but these must be limited and any doubt resolved against the practitioner.

Judges:

Lord Bingham of Cornhill LCJ, Mottitt LJ, Waller LJ

Citations:

Times 18-Dec-1998, [1998] EWCA Civ 1943, [1999] 3 WLR 873, [1998] EWCA Civ 3539, [1999] 1 FLR 536, [1999] PNLR 374, [1999] 2 FCR 193, [1998] NPC 162, [1999] Fam Law 215, [1999] Lloyd’s Rep PN 47

Links:

Bailii, Bailii, Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal fromArthur 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 . .
CitedWorldwide Corporation Limited v Marconi Communications Ltd (Formerly Gpt Limited) and Gpt (Middle East) Limited CA 21-Jun-1999
Counsel, giving assurances in open court on behalf of his client, bound that client. This applied even though counsel might have been negligent, and / or might, in turn, be immune from suit. Courts must be able to rely, and act, upon assurances . .
CitedWorldwide Corporation Limited v Marconi Communications Limited (Formerly GPT Limited) and GPT (Middle East) Limited 22-Jun-1999
Application for leave to appeal. Original leading counsel had consented to the abandonment of parts of the claim. New leading counsel now sought to revive them.
Held: The claim had little prospect of success. Leave to appeal refused. . .
CitedXydhias v Xydhias CA 21-Dec-1998
The principles of contract law are of little use when looking at the course of negotiations in divorce ancillary proceedings. In the case of a dispute the court must use its own discretion to determine whether agreement had been reached. Thorpe LJ . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Professional Negligence

Updated: 17 May 2022; Ref: scu.77881

Al-Sabah v Ali and Others: ChD 3 Feb 1999

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.’

Judges:

Mance J

Citations:

Gazette 03-Feb-1999, [1999] CLC 1469,

Statutes:

Land Registration Act 1925 83

Cited by:

CitedUltraframe (UK) Ltd v Fielding and others ChD 27-Jul-2005
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 17 May 2022; Ref: scu.77768

Alliance and Leicester Plc v Lewis: CA 17 Feb 1999

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.

Citations:

Gazette 17-Feb-1999

Jurisdiction:

England and Wales

Professional Negligence

Updated: 17 May 2022; Ref: scu.77750

Governors of the Hospital of Sick Children v McLaughlin and Harvey plc: 1987

Citations:

(1987) Con LR 25

Cited by:

CitedFinecard International Ltd (T/A the Ninja Corporation) v Urquhart Dyke and Lord (A Firm) and Another ChD 10-Nov-2005
The defendants sought an interim ruling that they were not the cause of the claimant’s losses. They had acted as patent agents to license to exploit the claimant’s patent in the UK. They alleged that the failure to complete the registration of the . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 17 May 2022; Ref: scu.234848

Vision Golf v Weightmans (a Firm): ChD 26 Jul 2005

The defendant solicitors were joint tortfeasors, having failed to make an application to court in a timely fashion, when it might have succeeded. It defended the claim saying that had the claimant issued proceedings against a second firm that firm would also have been liable.
Held: The ‘but for test’ set out in Iraqi Airways was satisfied in this case. The claim fell within the purpose of the law imposing liability for professional negligence. Nothing prevented the claim against the defendant. The possible liability of a second party did not absolve the defendant.

Judges:

Lewison J

Citations:

Times 01-Sep-2005

Citing:

CitedKuwait Airways Corporation v Iraqi Airways Company and Others (Nos 4 and 5) HL 16-May-2002
After the invasion of Kuwait, the Iraqi government had dissolved Kuwait airlines, and appropriated several airplanes. Four planes were destroyed by Allied bombing, and 6 more were appropriated again by Iran.
Held: The appeal failed. No claim . .

Cited by:

CitedFinecard International Ltd (T/A the Ninja Corporation) v Urquhart Dyke and Lord (A Firm) and Another ChD 10-Nov-2005
The defendants sought an interim ruling that they were not the cause of the claimant’s losses. They had acted as patent agents to license to exploit the claimant’s patent in the UK. They alleged that the failure to complete the registration of the . .
See AlsoVision Golf Ltd v Weightmans (A Firm) ChD 21-Jul-2006
. .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 17 May 2022; Ref: scu.229997

County Personnel (Employment Agency) v Pulver (Alan R) and Co: CA 1987

The parties were negotiating for an under-lease. The lease provided for rent to increase along with rent reviews under the head lease. The solicitors failed to ascertain the rent under the head lease, to advise his client to have the property valued, or to explain the unusual clause. The rent was reviewd to an uneconomic rent, and the client sued his solicitor for negligence. He appealed dismissal of his claim.
Held: The solicitor was negligent. In exercising reasonable professional judgement he should have alerted his client to the consequences of the unusual clause. As to damages, the court was not restricted to the diminution in value. The plaintiff was entitled also to the costs of surrender and possibly to the cost of a lease whch would be saleable.

Citations:

[1987] 1 All ER 289

Cited by:

CitedNeighbour v Barker CA 1992
Purchasers had set out to buy the property without having a survey, relying upon representations as to its condition, later found to be fraudulent, from the vendor. The condition was discovered only after exchange of contracts. The purchasers’ . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 16 May 2022; Ref: scu.219184

Derry v Ministry of Defence: QBD 8 Jun 1998

A military doctor has exemption under Crown Immunity, from liability from his failure to diagnose and treat ocular cancer properly, and the exemption applied even though the medical condition pre-existed the treatment. The cause of action lay in the failure to diagnose.

Citations:

Times 08-Jun-1998

Statutes:

Crown Proceedings Act 1947

Cited by:

Appeal fromDerry v Ministry of Defence CA 18-Mar-1999
Where an army doctor was accused of failing to diagnose a serviceman’s ocular cancer, the negligence which caused the consequent injury was caused by the delay in a correct diagnosis, and the treatment fell within the scope of Crown Immunity. . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Health Professions, Armed Forces

Updated: 15 May 2022; Ref: scu.79928

Clunis v Camden and Islington Health Authority: QBD 12 Dec 1996

The plaintiff brought proceedings against the defendant health authority for negligence and breach of duty of care on the ground that, if he had been properly treated, he would not have killed his victim and would not have been convicted of the offence of manslaughter. He alleged that the consequence of the defendant’s breach of duty was that he would be detained for longer than he otherwise would have been under section 3 MHA 1983 and that he was unlikely to regain his liberty for many years. His case was that his damages were caused by or directly related to his criminal sentence. The defendant applied for an order striking out the plaintiff’s claim on the ground that the claim was based substantially, if not entirely, upon the plaintiff’s own illegal act.
Held: The strike out was refused. A claimant may make a claim for self inflicted harm if that had been induced by the failure to provide treatment for his mental health.

Citations:

Times 27-Dec-1996

Jurisdiction:

England and Wales

Cited by:

Appeal fromClunis (By his Next Friend Prince) v Camden and Islington Health Authority CA 5-Dec-1997
The plaintiff had killed someone and, as a result, been convicted of manslaughter and ordered to be detained in a secure hospital when subject to after-care under section 117 of the 1983 Act. He sought damages from the health authority on the basis . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 15 May 2022; Ref: scu.79233

Abbott and Others v Strong and Others: ChD 9 Jul 1998

Where professional adviser gave assistance to another making representation he had no liability to the representee where that person had no reason to know of his contribution and so did not rely upon his professional reputation

Citations:

Times 09-Jul-1998

Jurisdiction:

England and Wales

Professional Negligence

Updated: 15 May 2022; Ref: scu.77606

Mason v Richard Freeman and Co (A Firm): QBD 2009

Judges:

Judge Richard Seymour QC

Citations:

[2009] EWHC 1099 (QB)

Jurisdiction:

England and Wales

Cited by:

Appeal fromMason 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 . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 11 May 2022; Ref: scu.406515

Hemmens v Wilson Browne (A Firm): ChD 30 Jun 1993

A solicitor was not liable in negligence, where his mistake might be yet be rectified; this was an inter vivos transaction and the parties could still resolve the position. Though a solicitor had a duty to the beneficiary of a settlement, the settlor could still perfect the deed.

Judges:

Judge Moseley QC

Citations:

Gazette 08-Dec-1993, Times 30-Jun-1993, [1993] 4 All ER 826

Cited by:

CitedHumblestone v Martin Tolhurst Partnership (A Firm) ChD 5-Feb-2004
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 . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Legal Professions

Updated: 10 May 2022; Ref: scu.81313

Charles v Hugh James Jones and Jenkins (A Firm): CA 22 Dec 1999

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.
Held: The recorder erred. Mr Watkins had lost a claim under the Scheme of some value and the Recorder should have proceeded to assess its value on a loss of opportunity basis. I would therefore dismiss the appeal and remit the matter for assessment of the value of the loss of the opportunity to pursue the services claim.

Citations:

Times 22-Dec-1999, [2000] 1 WLR 1278

Jurisdiction:

England and Wales

Cited by:

CitedMcKinnon and another v E Survey Ltd (formerly known as GA Valuation and Survey Ltd) ChD 14-Jan-2003
The claimants purchased a house relying upon a survey by the defendants. Although the defendants reported long standing movement of the property, the defendants failed to report that to be saleable, a long investigation would be required, reducing . .
CitedHibbert Pownall and Newton (A Firm) v Whitehead and Another CA 4-Apr-2008
The defendant solicitors had been engaged to pursue a claim for damages for injury arising on the birth of the claimant. They had been instructed by the mother, but she then died, and the claim was compromised. The solicitors now appealed against a . .
CitedEdwards v Hugh James Ford Simey Solicitors SC 20-Nov-2019
The claimant sought damages saying that the defendant solicitors had failed to secure the incremental award of compensation under the vibration white finger scheme. The central issue was whether evidence which only became available later, but which . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Professional Negligence

Updated: 09 May 2022; Ref: scu.78983

Perry v Raleys Solicitors: CA 28 Apr 2017

Appeal against dismissal of claim against the claimant’s former solicitors. Negligence was found, but no loss was proved in his personal injury claim. He had claimed a settlement at an undervalue of his claim of Vibration White Finger. The judge at trial had found him an unreliable witness as to the extent of his injuries.
Held: Whilst the court reversed the trial judge as to causation, they approved the valuation of damages suffered.

Judges:

Gloster VP CA, McFarlane LJJ, Sir Stephen Tomlinson

Citations:

[2017] EWCA Civ 314, [2017] PNLR 27

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

At CAPerry v Raleys Solicitors SC 13-Feb-2019
Veracity of a witness is for the court hearing him
The claimant, a retired miner, had sued his former solicitors, alleging professional negligence in the settlement of his claim for Vibration White Finger damages under the government approved scheme for compensation for such injuries. At trial, the . .
CitedEdwards v Hugh James Ford Simey Solicitors SC 20-Nov-2019
The claimant sought damages saying that the defendant solicitors had failed to secure the incremental award of compensation under the vibration white finger scheme. The central issue was whether evidence which only became available later, but which . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 09 May 2022; Ref: scu.582096

General Mediterranean Holdings SA v Patel and Another: QBD 19 Jul 1999

The new Civil Procedure Rules were ultra vires and invalid insofar as they purported to remove any right of a solicitor’s client to assert his right of confidence as against his solicitor. The solicitor was therefore unable in this case to defend himself against a wasted costs order, but the court could allow for the refusal of the client to waive his privilege.
Toulson J said: ‘Article 6 gives every person a right to a fair trial, but I do not accept that it follows as a general proposition that this gives a right to interfere with another person’s right to legal confidentiality. If that were generally so, the right to legal confidentiality recognised by the court would be useless, since its very purpose is to enable a person to communicate with his lawyer secure in the knowledge that such communications cannot be used without his consent to further another person’s cause. In the absence of a general right under Article 6 to make use of another person’s confidential communications with his lawyer, I do not see how solicitors have a particular right to do so under that Article for the purpose of defending a wasted costs application.’

Judges:

Toulson J

Citations:

Times 12-Aug-1999, Gazette 11-Aug-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

Links:

Bailii

Statutes:

Civil Procedure Act 1997, Civil Procedure Rules 1998 No 1312

Jurisdiction:

England and Wales

Cited by:

CitedMasri v Consolidated Contractors International Co Sal and Others HL 30-Jul-2009
The claimant sought to enforce a judgment debt against a foreign resident company, and for this purpose to examine or have examined a director who lived abroad. The defendant said that the rules gave no such power and they did, the power was outside . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs, Professional Negligence, Human Rights

Updated: 07 May 2022; Ref: scu.80789

McDonnell v Holwerda: QBD 27 May 2005

The doctor was alleged to have been negligent in delaying diagnosis of suspected meningococcal infection, until the point where serious damage was suffered when eth full blown infection developed.
Held: The doctor should have referred the claimant to hosiptal even before the symptoms developed to a stage beyond suspicion. There was a requirement for doctors to exercise their aggregate set of symptoms and to act even before a diagnosis was secure.

Judges:

Newman J

Citations:

Times 02-Jun-2005

Jurisdiction:

England and Wales

Personal Injury, Professional Negligence

Updated: 30 April 2022; Ref: scu.225555

Emeh v Kensington and Chelsea and Westminster Area Health Authority: CA 1 Jul 1984

A sterilisation operation had been performed negligently and failed and the claimant was born.
Held: The birth of a child with congenital abnormalities was a foreseeable consequence of the surgeon’s careless failure to clip a fallopian tube effectively. The authority could not expect her to terminate the pregnancy. The mother was entitled to recover damages, including damages for her future loss of earnings, following the birth of a child with congenital abnormalities who required constant medical and parental supervision.
Waller LJ said: ‘In my view it is trite to say that if a woman becomes pregnant, it is certainly foreseeable that she will have a baby, but in my judgment, having regard to the fact that in a proportion of all births – between one in 200 and one in 400 were the figures given at the trial – congenital abnormalities might arise, makes the risk clearly one that is foreseeable, as the law of negligence understands it.’
On a claim in contract the court held that there was no rule of public policy which precluded recovery of damages for pain and suffering and for maintaining the child. The court took a multiplier of 8 for a child 5 years old at the time of the appeal. The total award in respect of pain, suffering and loss of amenities was andpound;13,000.

Judges:

Waller LJ

Citations:

[1985] 1 QB 1012, [1984] 3 All ER 1044

Jurisdiction:

England and Wales

Citing:

DoubtedUdale v Bloomsbury Area Health Authority QBD 1983
The plaintiff underwent a sterilisation operation. The operation was painful and she later became pregnant. She sought damages for the pain and suffering and the additional costs of caring for the new child.
Held: Public policy held fast . .
ApprovedThake v Maurice CA 1986
A vasectomy was performed. The husband was told that contraception precautions were not necessary but a child was born. The claim was brought in contract and in tort. The first instance court found no reason why public policy prevented the recovery . .
AppliedMekew v Holland and Hannen and Cubitts (Scotland) 1970
. .

Cited by:

CitedMacFarlane and Another v Tayside Health Board HL 21-Oct-1999
Child born after vasectomy – Damages Limited
Despite a vasectomy, Mr MacFarlane fathered a child, and he and his wife sought damages for the cost of care and otherwise of the child. He appealed a rejection of his claim.
Held: The doctor undertakes a duty of care in regard to the . .
CitedSpencer v Wincanton Holdings Ltd (Wincanton Logistics Ltd) CA 21-Dec-2009
The claimant suffered injury for which he sought compensation from his employers. He later had to have his leg amputated as a consequence, but then through his own inadvertence suffered further injury to his other leg and a complete loss of . .
Lists of cited by and citing cases may be incomplete.

Damages, Contract, Professional Negligence

Updated: 29 April 2022; Ref: scu.183007

Smith v Linskills: CA 1996

The claimant, a convicted burglar took proceedings against his former solicitors. He alleged that the negligence of the solicitor caused his wrongful conviction.
Held: The case was dismissed. The claimant was seeking to re-litigate issues which had already been litigated in proceedings in the criminal court in which he had been a participant. The case of Hunter does not lay down an inflexible rule to be applied willy-nilly to all cases which might arguably be said to be within it.
CS Sir Thomas Bingham MR identified: ‘the affront to any coherent system of justice which must necessarily arise if there subsist two final but inconsistent decisions of courts of competent jurisdiction. Such would, we think, be the case here if there were a subsisting Crown Court decision that Mr Smith was, beyond reasonable doubt, guilty of aggravated burglary and a subsisting civil court decision that if his defence been properly prepared he would and should have been acquitted. No reasonable observer could view this outcome with equanimity. ‘ and ‘It is, however, plain that the thrust of his case in these proceedings is that if his criminal defence had been handled with proper care he would not, and should not, have been convicted. Thus the soundness or otherwise of his criminal conviction is an issue at the heart of these proceedings. Were he to recover substantial damages, it could only be on the basis that he should not have been convicted . . It is certainly true that in his speech in Hunter’s case . . Lord Diplock attached considerable significance to the ulterior purpose which lay behind the proceedings brought by the intending plaintiff in that case. We have no doubt at all but that the existence of such an ulterior motive provides a strong and additional ground for holding proceedings to be an abuse. The question is whether such an ulterior motive is a necessary ingredient of abuse.’

Judges:

Sir Thomas Bingham, MR

Citations:

Gazette 28-Feb-1996, Times 07-Feb-1996, [1996] 1 WLR 763, [1996] 2 All ER 353

Jurisdiction:

England and Wales

Citing:

CitedHunter v Chief Constable of the West Midlands Police HL 19-Nov-1981
No collateral attack on Jury findigs.
An attempt was made to open up in a civil action, allegations of assaults by the police prior to the making of confessions which had been disposed of in a voir dire in the course of a criminal trial. The plaintiffs had imprisoned having spent many . .

Cited by:

CitedArthur 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 . .
AppliedRegina v Steidl and Baxendale-Walker 27-Jun-2002
(Southwark Crown Court) The case was a prosecution for serious fraud. In civil proceedings, despite evidence to suggest a powerful case for dishonesty, a High Court judge had concluded that the claimant had failed to establish that the defendant, . .
Applied0Regina v Stocker CCC 23-Nov-2004
(Central Criminal Court) The court was due to try a case alleging that the defendant had killed her child. In care proceedings Hedley J had concluded that a mother had killed her child, but he was positively satisfied that she lacked the intention . .
CitedRegina v Belmarsh Magistrates’ Court ex parte Fiona Watts Admn 8-Feb-1999
The defendant sought to have dismissed as an abuse of proces charges against her that as an officer of Customs and Excise prosecuting the now private prosecutor, she had committed various offences.
Held: The magistrate was vested with . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Legal Professions, Litigation Practice

Updated: 28 April 2022; Ref: scu.181090

Eastgate Group Ltd v Lindsey Morden Group Inc, and Smith and Williamson (a Firm): CA 10 Oct 2001

The defendant faced a claim for breach of warranties given by vendors in a company share sale agreement. The sought a contribution from the purchasers accountants who had prepared figures upon which the purchase decision was based. The defendants’ liability was strictly in contract, but the contribution they sought arose in negligence. The Act formulated the liability widely. However the damage arising from one claim, was not the same as the other, and no mutual discharge would apply. The request had been refused, and the defendant appealed.
Held: The judge had erred in holding that there would be no mutual discharge, and therefore the claim was capable of being subject to a claim for contribution. The fact that different sums might be payable did not mean that the claims were different. It was not correct to try to judge the issue of whether it would be just and equitable to make an order at an interlocutory stage.

Judges:

Potter LJ and Longmore LJ

Citations:

Gazette 08-Nov-2001, [2001] EWCA Civ 1446, [2002] 1 WLR 642

Statutes:

Civil Liability (Contributions) Act 1978

Jurisdiction:

England and Wales

Citing:

CitedThe Carnival 1994
. .
CitedFriends’ Provident Life Office v Hillier, Parker May and Rowden CA 1997
Friends Provident had participated in a development project on terms which required it to pay its share of the development costs as it proceeded. It employed Hillier Parker, a firm of surveyors, to check demands made from time to time for payment of . .
CitedHowkins and Harrison (A Firm) v Tyler and Another CA 3-Aug-2000
Having paid out andpound;400,000 to a lender as damages for a negligent survey valuation after default in repayments by the defendant, the claimant also sought to recover the payment from the defendant under the Act. The application to stay the . .

Cited by:

CitedCharter Plc and Another v City Index Ltd and others ChD 12-Oct-2006
An employee of the claimant had fraudulently spent several million pounds of the claimant’s money on personal bets through the defendant company. The claimant said that the defendants knew the origin of the funds and were liable to repay them. . .
Lists of cited by and citing cases may be incomplete.

Company, Professional Negligence, Damages

Updated: 28 April 2022; Ref: scu.166542

Izzard and Another v Field Palmer (a Firm) and others and Ministry of Defence: CA 30 Jul 1999

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.

Citations:

[1999] EWCA Civ 2045

Jurisdiction:

England and Wales

Citing:

CitedBolitho v City and Hackney Health Authority HL 24-Jul-1997
The plaintiff suffered catastrophic brain damage as a result of cardiac arrest induced by respiratory failure as a child whilst at the defendant hospital. A doctor was summoned but failed to attend, and the child suffered cardiac arrest and brain . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 28 April 2022; Ref: scu.146960

Summit Financial Group Ltd v Slaughter and May (a Firm): ChD 2 Apr 1999

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.

Citations:

Times 02-Apr-1999

Jurisdiction:

England and Wales

Professional Negligence

Updated: 28 April 2022; Ref: scu.89603

National Home Loans Corporation Plc v Giffen Couch and Archer (A Firm): QBD 31 Dec 1996

A solicitor acting for both a borrower and a lender has a duty to tell the lender of his other, lay client’s bad payment record.

Citations:

Times 31-Dec-1996, Gazette 15-Jan-1997

Jurisdiction:

England and Wales

Legal Professions, Professional Negligence

Updated: 28 April 2022; Ref: scu.84182

Patel and Another v Hooper and Jackson (A Firm): CA 3 Dec 1998

The measure of damages for a negligent survey for mortgage purposes and relied upon by purchase was the general diminution of value together with any particular further losses, since if the claimant had been properly advised would have purchased other similar costing property.

Citations:

Times 03-Dec-1998

Jurisdiction:

England and Wales

Professional Negligence

Updated: 28 April 2022; Ref: scu.84601

Mortgage Express Ltd v Bowerman and Partners (A Firm): ChD 19 May 1994

A solicitor who had been put on enquiry as to a valuation of a property must report his doubts to his mortgagee client also.

Citations:

Times 19-May-1994

Jurisdiction:

England and Wales

Cited by:

Appeal fromMortgage Express Ltd v Bowerman and Partners (A Firm) CA 1-Aug-1995
A solicitor acting for both a lender and a borrower was under a duty to disclose relevant information to the lender client. An incident of their duty to exercise reasonable care and skill, solicitors are obliged to advise their lender client in . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 28 April 2022; Ref: scu.83874

Atha and Co Solicitors v Liddle: QBD 9 Jul 2018

The defendant solicitors appealed against an order extending the time period for claiming against them in negligence.
Held: The appeal failed. The court however noted conflicting decisions and looked forward to guidance from the Court of Appeal.

Judges:

Turner J

Citations:

[2018] EWHC 1751 (QB), [2018] WLR(D) 422

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Limitation, Professional Negligence

Updated: 25 April 2022; Ref: scu.620078

Aroca Seiquer and Asociados and Another v Adams and Others: CA 5 Jul 2018

Appeal against an order for damages for professional negligence against a Spanish lawyer who acted for the purchasers of holiday homes in Spain. The purchasers, who are the respondents to this appeal, in each case paid the purchase price in full but did not receive good title to the properties bought by them.

Citations:

[2018] EWCA Civ 1589

Links:

Bailii

Jurisdiction:

England and Wales

Professional Negligence

Updated: 25 April 2022; Ref: scu.619382

Barings Plc and Another v Coopers and Lybrand (A Firm) and Others: ChD 11 Jun 2003

Evans-Lombe J expressed an unwillingness to accept any all-embracing test for what may constitute the breaking of the chain of causation, saying: ‘It seems to me that what will constitute such conduct is so fact-sensitive to the facts of any case where the issue arises that it is almost impossible to generalise. If one must do so, I would say that it must be some unreasonable conduct, not necessarily unforeseeable . . a new cause coming in and disturbing the sequence of events . . not necessarily reckless . . which may result from an accumulation of events which in sum have the effect of removing the negligence sued on as a cause . . which accumulation of events may take place over time.’

Judges:

The Honourable Mr Justice Evans-Lombe

Citations:

[2003] EWHC 1319 (Ch), [2003] Lloyd’s Rep IR 566, [2003] PNLR 34

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedRose v Plenty CA 7-Jul-1975
Contrary to his employers orders, a milkman allowed children to assist him in his milkround. One was injured, and sued the milkman’s employer.
Held: The milkman had not gone so far outside the activities for which he was employed for the . .

Cited by:

CitedBorealis Ab v Geogas Trading Sa ComC 9-Nov-2010
The parties had contracted for sale and purchase of butane for processing. It was said to have been contaminated. The parties now disputed the effect on damages for breach including on causation, remoteness, mitigation and quantum.
Held: The . .
CitedSingularis Holdings Ltd v Daiwa Capital Markets Europe Ltd SC 30-Oct-2019
The Court was asked whether a claim against a bank for breach of the Quincecare duty is defeated if the customer is a company, and the fraudulent payment instructions are given by the company’s Chairman and sole shareholder who is the dominating . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Vicarious Liability

Updated: 24 April 2022; Ref: scu.183401

Penn v Bristol and West Building Society and Others: ChD 19 Jun 1995

Solicitors acting for a vendor were liable to the buyers’ mortgagees for breach of warranty of authority for vendor. The solicitor was negligent in not having verified the instructions from the wife who was the joint tenant.

Citations:

Gazette 13-Jul-1995, Times 19-Jun-1995, [1995] FLR 938

Jurisdiction:

England and Wales

Citing:

Appealed toPenn v Bristol and West Building Society and Others CA 24-Apr-1997
The solicitor innocently accepted instructions to sell a property, but was misled as to the identity of the wife – one of the joint owners. Unknown to him, however, Mr Penn had forged his wife’s signature on the contract documents. He was sued by . .

Cited by:

Appeal fromPenn v Bristol and West Building Society and Others CA 24-Apr-1997
The solicitor innocently accepted instructions to sell a property, but was misled as to the identity of the wife – one of the joint owners. Unknown to him, however, Mr Penn had forged his wife’s signature on the contract documents. He was sued by . .
CitedAl-Sabah v Ali and Others ChD 22-Jan-1999
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 . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Professional Negligence

Updated: 15 April 2022; Ref: scu.84654

Sasea Finance Ltd (In Liquidation) v KPMG (A Firm): ChD 25 Aug 1998

Where an auditor had negligently failed to identify the insolvency of a company and to warn against payment of dividends, the auditor was liable in damages for dividends wrongly paid.

Citations:

Times 25-Aug-1998

Jurisdiction:

England and Wales

Citing:

Appealed toSasea Finance Ltd v KPMG (Formerly KPMG Peat Marwick Mclintock) ChD 10-May-2001
It was complained that the auditors had failed timeously to warn the company of fraud by a senior employee. The appeal concerned an application to strike out heads of claim in an action brought by the company against its auditors for negligence.

Cited by:

Appeal fromSasea Finance Ltd v KPMG (Formerly KPMG Peat Marwick Mclintock) ChD 10-May-2001
It was complained that the auditors had failed timeously to warn the company of fraud by a senior employee. The appeal concerned an application to strike out heads of claim in an action brought by the company against its auditors for negligence.
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 13 April 2022; Ref: scu.89019

Brock and Another v Northampton General Hospital Nhs Trust and Another: QBD 12 Dec 2014

The claimants sought damages after the death of their daughter whilst in the care of the defendant.

Judges:

Yelton HHJ

Citations:

[2014] EWHC 4244 (QB)

Links:

Bailii

Cited by:

CitedLiverpool Women’s Hospital NHS Foundation Trust v Ronayne CA 17-Jun-2015
The respondent was an experienced ambulance driver. His wife underwent emergency treatment at the appellant’s hospital. He had claimed as a secondary victim for the distress he suffered witnessing her suffering.
Held: The hospital’s appeal . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 12 April 2022; Ref: scu.540255

Bristol and West Building Society v Baden Barnes and Groves: QBD 13 Dec 1996

cw Proposed amendments to a plaintiff’s pleadings were insufficient to prevent a striking out. The amendments either sought to advance by a different route the earlier claim which was bound to fail, or to introduce a new cause of action which was statute barred and did not derive from the same, or substantially the same, facts.

Citations:

Unreported, 13 December 1996

Jurisdiction:

England and Wales

Citing:

Appealed toBristol and West Building Society v Baden Barnes and Groves CA 2000
cw Proposed amendments to a plaintiff’s pleadings failed to prevent a striking out. The amendments either sought to advance by a different route the earlier claim which was bound to fail, or sought to introduce a . .

Cited by:

Appeal fromBristol and West Building Society v Baden Barnes and Groves CA 2000
cw Proposed amendments to a plaintiff’s pleadings failed to prevent a striking out. The amendments either sought to advance by a different route the earlier claim which was bound to fail, or sought to introduce a . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Legal Professions, Land, Limitation

Updated: 12 April 2022; Ref: scu.184541

Rushmer and Another v Countrywide Surveyors (1994) Ltd and Another: TCC 21 Jul 1999

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.

Citations:

Gazette 21-Jul-1999

Citing:

Appealed toDickinson (T/a John Dickinson Equipment Finance) v Rushmer (T/a F J Associates) CA 14-Feb-2000
. .

Cited by:

Appeal fromDickinson (T/a John Dickinson Equipment Finance) v Rushmer (T/a F J Associates) CA 14-Feb-2000
. .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 10 April 2022; Ref: scu.88923

Regina v Council for Licensed Conveyancers Ex Parte Watson: QBD 16 Jun 2000

The dismissal of an action for negligence against a licensed conveyancer for failing to disclose to the client the existence of a right of way, did not prevent his professional body disciplining him out of the same facts and awarding compensation. The test of negligence is not the same as the test of whether he had provided an inadequate professional service.

Citations:

Times 16-Jun-2000

Statutes:

Courts and Legal Services Act 1990 Sch 8

Professional Negligence, Legal Professions

Updated: 09 April 2022; Ref: scu.85203

Nunnerley and Another v Warrington Health Authority and Another: QBD 26 Nov 1999

Where negligent advice lead to the birth of a disabled child who would not otherwise have been conceived, the damages to be awarded could include the costs of educating and otherwise caring for the child beyond the age of eighteen. Such duties did not finish with the end of legal responsibility.

Citations:

Times 26-Nov-1999, Gazette 25-Nov-1999

Citing:

AppliedAllen v Bloomsbury Health Authority 1993
The plaintiff sought damages after a failed sterilisation. She had been apprehensive during the pregnancy that the child might be handicapped, and in the event the child suffered from temper tantrums, a speech defect and slight dyslexia.
Held: . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages, Personal Injury

Updated: 09 April 2022; Ref: scu.84388

Mortgage Corporation v Lambert and Co (A Firm) and Another: CA 24 Apr 2000

If it was alleged that a lender could should have been aware of an overvaluation of a property so as to start the limitation clock, the owner must satisfy the court that it was reasonable at the time alleged for the lender have become obliged to obtain a retrospective valuation. That burden was not carried in this case.

Citations:

Times 24-Apr-2000, [2000] PNLR 820

Statutes:

Limitation Act 1980 14A(10)

Jurisdiction:

England and Wales

Citing:

Appeal froomMortgage Corporation v Lambert and Co (A Firm) and Another ChD 11-Oct-1999
Estimates of the real values of houses which had been taken as security for loans were not sufficiently precise to forewarn a lender of the damage resulting from earlier negligent valuations, and accordingly the lender was not fixed with notice by . .

Cited by:

Appealed toMortgage Corporation v Lambert and Co (A Firm) and Another ChD 11-Oct-1999
Estimates of the real values of houses which had been taken as security for loans were not sufficiently precise to forewarn a lender of the damage resulting from earlier negligent valuations, and accordingly the lender was not fixed with notice by . .
CitedAdams 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.

Land, Limitation, Professional Negligence

Updated: 09 April 2022; Ref: scu.83872

McCullagh v Lane Fox and Partners Ltd: QBD 25 Jan 1994

A vendor’s estate agent was liable for a negligent misrepresentation to a party proceeding with a purchase relying upon what had been said, and without his own survey.

Citations:

Gazette 30-Mar-1994, Times 25-Jan-1994

Citing:

Appealed toMcCullagh v Lane Fox and Partners Ltd CA 19-Dec-1995
There was no duty in negligent mis-statement from a vendor’s estate agent to a purchaser for that purchaser’s financial loss after proceeding without first obtaining a survey relying upon the agent.
Hobhouse LJ said: ‘On the Sunday, Mr. Scott . .

Cited by:

Appeal fromMcCullagh v Lane Fox and Partners Ltd CA 19-Dec-1995
There was no duty in negligent mis-statement from a vendor’s estate agent to a purchaser for that purchaser’s financial loss after proceeding without first obtaining a survey relying upon the agent.
Hobhouse LJ said: ‘On the Sunday, Mr. Scott . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Negligence, Agency

Updated: 09 April 2022; Ref: scu.83516

Johnson v Bingley and Others: QBD 28 Feb 1995

A breach by a solicitor of the Law Society’s ‘Guide to Professional Conduct’ was not ipso facto negligence. The guide set out what was proper and accepted practice. It was hot however mandatoty to follow it, and the existence of negligence was to be determined in accordance with the principles set out following Donoghue v Stevenson.

Judges:

B A Hytner QC

Citations:

Times 28-Feb-1995

Legal Professions, Professional Negligence

Updated: 08 April 2022; Ref: scu.82549

Jenmain Builders and Others v Steed and Steed (A Firm): CA 20 Mar 2000

The defendant firm of solicitors acted on the sale of property, but failed to notify a purchaser that he was in a contract race and that another contract had been sent out. The claimant would have been able to exchange, and to have acquired the property.
Held: The defendants had failed to follow their own professional rules and were liable, even though in this case the damages were minimal in the absence of any proof of loss of profits.
Chadwick LJ said: ‘This was a property with development potential. It is common ground that this property was no longer to be used as a village hall. It would have to be used for some other purpose; and there would have to be some development so that it could be used for that purpose. The question was: for what development could planning permission be obtained and how valuable would the property be on completion of that development? But those are the factors which a properly informed market will take into account in fixing the market value of property. The profit potential of the property is an element to be taken into account in fixing its market value. It is not suggested that there was anything special about this property to the appellants as purchasers. It is not suggested that there were not other developers in the market for property of this nature who could have made a proper assessment of the value of this property. The problem for the appellants in the present case is that they never sought to persuade the judge – and never adduced evidence to establish – that the market value of this property, Dukes Hall, was anything greater than the pounds 67,500 which the Parish Council was seeking. It is for those reasons that the claim for loss of profits is one which the court could not entertain in this case. . . In the present case, there is no evidence that these appellants would not have been able to purchase other property in the market which they could develop profitably with the use of the money which they did not lay out in the purchase of Dukes Hall. There is no evidence that the respondents, insofar as their duty lay in contract, were aware of any special circumstances which made it impossible for the respondents to employ their funds in the ordinary course of their business, or of any circumstances which suggested that this property was being sold at an under-value. Indeed, in the circumstances that they were acting for the vendors, the Parish Council, it would be most unlikely that they would regard the property as being sold at an under- value rather than at market price’.

Judges:

Chadwick LJ

Citations:

Gazette 30-Mar-2000, 2000 BNLR 616

Jurisdiction:

England and Wales

Cited by:

CitedJoyce v Bowman Law Ltd ChD 18-Feb-2010
The claimant asserted negligence by the defendant licensed conveyancers in not warning him of the effect of an option in the contract. He had been advised that it would allow him to choose to buy additional land, but it was in fact a put option. The . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Land, Damages

Updated: 08 April 2022; Ref: scu.82513

James v East Dorset Health Authority: CA 7 Dec 1999

A patient had an operation which appeared to have gone unsuccessfully, but only much later proved to have been the source of an injury.
Held: Time could only begin to run when the fact of the injury became known. He was not fixed with knowledge of the injury by an awareness of the deterioration following the operation.

Citations:

Times 07-Dec-1999

Statutes:

Limitation Act 1980 14

Jurisdiction:

England and Wales

Limitation, Professional Negligence

Updated: 08 April 2022; Ref: scu.82481

Hooper v Fynmores: ChD 21 Jun 2001

The elderly testator had wanted to make a new will which would have increased the claimant’s share of his estate by one eighth. The appointment to sign the will was cancelled when the solicitor was himself hospitalised, and the testator died before the second appointment. The solicitors appealed on the basis that the finding against them effectively imposed a higher duty to the beneficiary than would have been due to the testator.
Held: The appeal was dismissed. In undertaking to prepare a will, the solicitor entered into a special relationship with the beneficiaries, an incident of which was a duty to them to act with due expedition and care. The proposed appointment should not have been cancelled without enquiry as to the testator’s health and considering whether to send a substitute. It should not have been missed without the client’s consent.

Citations:

Gazette 21-Jun-2001, Times 19-Jul-2001

Professional Negligence, Wills and Probate, Legal Professions

Updated: 08 April 2022; Ref: scu.81463

Guild (Claims) Ltd v Eversheds (A Firm) and Others: ChD 16 Aug 2000

A professional adviser’s duty not to stand by while a client makes a statement he knows to be false does not extend to the offering of unsought advice as to the wisdom of an act or omission which fell short of such a misleading act. When the advice of a professional was challenged, the standard by which it came to be judged was whether he acted in accordance with practice accepted by a responsible body of skilled practitioners at the time.

Citations:

Times 16-Aug-2000

Professional Negligence, Legal Professions

Updated: 08 April 2022; Ref: scu.81078

Green v Hancocks (A Firm) and Another: ChD 15 Aug 2000

Whether a party had the appropriate standing to commence an action against another was something which should be within the normal competence expected of a solicitor. It would be wrong to transfer the responsibility for an error as to such capacity to counsel who had not expressly requested to advise on the issue.

Citations:

Times 15-Aug-2000

Professional Negligence, Legal Professions

Updated: 08 April 2022; Ref: scu.81004

Gregory v Shepherds: ChD 17 Feb 1999

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.

Citations:

Gazette 17-Feb-1999, Gazette 24-Feb-1999

Cited by:

Appeal fromGregory v Shepherds CA 13-Jul-2000
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. Nevertheless the solicitor was . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Legal Professions

Updated: 08 April 2022; Ref: scu.81025

Gold v Mincoff Science and Gold: ChD 18 Jan 2001

A sleeping partner in a business executed several charges over partnership property, unaware that the funds raised were being used for purposes other than the partnership business. Their solicitors admitted negligence in not advising them sufficiently closely as to the effect of the all monies nature of the charges. A claim was brought to recover money, but then enlarged when the creditor appreciated the extent of the all monies charge. The claimant sought damages for negligence from the solicitor.
Held: The limitation defence succeeded only in part. Where the solicitor had chosen to hide the effect of the clause from his client on signing later charges, liability arising under earlier charges continued.

Judges:

Neuberger J

Citations:

Gazette 18-Jan-2001

Statutes:

Limitation Act 1980

Cited by:

Appeal FromGold v Mincoff Science and Gold (A Firm) CA 19-Jul-2002
. .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Land, Limitation

Updated: 08 April 2022; Ref: scu.80896

Frazer Harris v Scholfield Roberts and Hill (A Firm): FD 4 Nov 1998

Barristers and solicitors have the same immunity from suit in respect of advocacy, but a solicitor may still be liable after settlement at door of court where the substantial fault lay in matters preceding that hearing and preparation of the case.

Citations:

Gazette 04-Nov-1998, [1998] 2 FLR 679

Jurisdiction:

England and Wales

Professional Negligence, Legal Professions

Updated: 08 April 2022; Ref: scu.80673

Erridge v Coole and Haddock: ChD 6 Jul 2000

A solicitor had advised one party to a joint venture transaction. His advice was incorrect. He witnessed the signature of another partner who was not separately represented. Although the solicitor’s advice was negligent, and he should have regarded himself as the solicitor for that party as regards parts of the agreement impacting upon him personally, the party would have proceeded anyway, and could show no loss personal to him.

Citations:

Gazette 06-Jul-2000

Jurisdiction:

England and Wales

Professional Negligence, Legal Professions

Updated: 08 April 2022; Ref: scu.80361

Cottingham and Another v Attey Bower and Jones (A Firm): ChD 19 Apr 2000

A solicitor acted on a purchase in 1993. He asked for but did not receive copies of building regulations consents from 1985. He went ahead anyway.
Held: He had been negligent. He had been under a duty to continue the investigation, and to advise his clients that the replies relating to these consents appeared to be misleading. Some consents had been refused, and there remained a small risk of proceedings by the local authority for an injunction under section 36 (6) of the Building Act 1984, even though time limits had expired for other enforcement purposes. A solicitor is generally under a duty to provide specific information or advice, and not to advise on the wisdom of transactions in general. The fact that the claimant would not have purchased the property but for his negligence did not mean that the defendant was liable for every consequences which would not have happened but for the negligence. The loss for which he is responsible will normally be limited to the consequences of the specific information being inaccurate. Damages were awarded on the basis of the cost of rectifying the defect.

Judges:

Rimmer J

Citations:

Times 19-Apr-2000, Gazette 11-May-2000, [2000] EGCS 48, [2000] Lloyds Rep PN 591

Statutes:

Building Act 1984 36(1) 36(2)

Jurisdiction:

England and Wales

Land, Professional Negligence, Legal Professions

Updated: 08 April 2022; Ref: scu.79527

Ball v Banner and Others; Neill Clark (A Firm) v Healey and Baker (A Firm): ChD 23 Mar 2000

A valuer had described expected values for an property proposed as an investment promoted by a co-defendant. The valuation and prediction as to how long it might take to have it let had contributed to the representations leading to the investments being made and the assessments had been made without any effective degree of analysis or care, and the company was responsible to make a contribution of one quarter. The contribution was properly claimed since it was four square with the original claim. The ‘damage in question’ meant the loss suffered by the investors from entering into the transaction. Sections 2 (3) (a) and (b) made it ‘clear that persons may be liable in respect of the same damage without necessarily being liable in the same amounts’.

Judges:

Hart J

Citations:

Gazette 23-Mar-2000, [2000] Lloyd’s Rep PN 569

Statutes:

Civil Liability (Contribution) Act 1978 1 2(3)

Jurisdiction:

England and Wales

Cited by:

CitedNationwide Building Society v Dunlop Haywards (HLl) Ltd (T/A Dunlop Heywood Lorenz) and Cobbetts ComC 18-Feb-2009
The claimant had leant money on a property fraudulently overvalued by an employee of the now insolvent first defendant. A contribution order had been agreed by the solicitors. The court heard applications by the claimants and the solicitors against . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 08 April 2022; Ref: scu.78117

Barings Plc and Another v Coopers and Lybrand (A Firm) and Others: CA 6 Dec 1996

Whether a duty of care exists from the auditors of a subsidiary, towards its parent company is a triable issue.

Citations:

Times 06-Dec-1996, [1997] 1 BCLC 427

Jurisdiction:

England and Wales

Citing:

Appeal fromBarings Plc and Another v Coopers and Lybrand (A Firm) and Others ChD 13-Aug-1996
The need to reach one conclusion justified service of proceedings overseas on a firm’s partners, where there was a genuine issue to be decided . .

Cited by:

CitedJohnson v Gore Wood and Co HL 14-Dec-2000
Shareholder May Sue for Additional Personal Losses
A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter.
Held: It need not be an abuse of the court for a shareholder . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 08 April 2022; Ref: scu.78228

Raja v Lloyds Tsb Bank Plc: ChD 16 May 2000

The obligation of a mortgagee having taken possession of a property to obtain a proper price, was an obligation due in equity, and not either under the contract for the loan or as associated with the speciality agreement giving the property in charge. Nevertheless the claim was akin to an action for damages for negligence, and the period of limitation governing the action was six years.

Citations:

Times 16-May-2000

Statutes:

Limitation Act 1980 2

Jurisdiction:

England and Wales

Limitation, Professional Negligence

Updated: 03 April 2022; Ref: scu.85655

Couper v Irwin Mitchell Llp and Others: ChD 13 Dec 2017

The claimant sought a declaration that proceedings against its former lawyers were not covered by an extended civil restraint order.
Held: The claim was within the ambit of the order, and was to be struck out, but permission was given for new proceedings subject to any limitation issues which might then apply.

Judges:

Arnold J

Citations:

[2017] EWHC 3231 (Ch), [2017] WLR(D) 826

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Professional Negligence, Litigation Practice

Updated: 02 April 2022; Ref: scu.601829

TW (A Child) v Royal Bolton Hospital NHS Foundation Trust: QBD 4 Dec 2017

Claim in negligence for damages for personal injury and consequential losses arising out of the Claimant being born at the Defendant’s hospital in March 2008 with serious brain injury.

Judges:

King J

Citations:

[2017] EWHC 3139 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Professional Negligence

Updated: 02 April 2022; Ref: scu.601125

XX v Whittington Hospital NHS Trust: QBD 18 Sep 2017

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

Judges:

Sir Robert Nelson

Citations:

[2017] EWHC 2318 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal fromXX v Whittington Hospital NHS Trust CA 19-Dec-2018
The defendant had failed to diagnose cancer in the claimant. The court was now asked whether the judge was correct in law to refuse (or limit) Ms X’s recovery of damages for expenses of surrogacy arrangements which she intended to make, either in . .
At QBDXX v Whittington Hospital NHS Trust (Leave) CA 19-Dec-2018
Refusal of permission to appeal to Supreme Court . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 31 March 2022; Ref: scu.597495

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: 31 March 2022; Ref: scu.597460