Search Results for

As we look towards 2013 and back to all-but the last weeks of 2012, my attention is drawn to three interesting cases heard in the Court of Appeal regarding different allegations of professional negligence against solicitors:   ·                in Langsam v Beachcroft LLP, it was held that a solicitors’ “excessively cautious advice as to settlement


If we feel as lawyers we sometimes have it tough, spare a thought for your expert witnesses: no longer protected by the cloak of immunity from suit, following Jones v Kaney ([2011] UKSC 13), they also have to run the gauntlet against, at times, truculent regulators. The case of Kumar v General Medical Council ([2006]


Honesty, reasonableness and fairness. Lenders are embracing breach of trust arguments in what would otherwise be traditional negligence claims with fervour. Does it have something to do with their fear of previous risky lending practices coming back to bite them in the form of hefty findings of contributory negligence? Where the transaction has not completed there are significant


The MOJ yesterday opened consultation on proposals aimed at reducing the number and cost of whiplash claims. In terms of the number of claims, the MOJ has cited research indicating that 70% of road traffic accident personal injury claims in the UK were related to whiplash, whereas the equivalent figures were 47% in Germany, 32%


Langsam v Beachcroft LLP [2012] EWCA Civ 1230 concerned settlement advice, which the Claimant contended was unduly pessimistic. The claim was dismissed, the judge at first instance and the Court of Appeal unanimously agreeing that the advice provided was reasonable. But the case raises a very interesting question about a solicitor’s duty to advise –


Welly Wanging 2

Some of you may remember an earlier post of mine relating to a preliminary application in the case of Blair-Ford v CRS Adventures Ltd (http://www.piblawg.co.uk/post/2012/06/27/Warning-Low-Flying-Wellies-!.aspx) The claim was brought by Mr Blair-Ford after he suffered catastrophic injuries whilst welly wanging at a mini-Olympics event run by the Defendant company. Unfortunately for the Claimant Mr Justice


  Can we really blame the Americans? Some in the media and our society have blamed our compensation culture on the Americans. An article in the Guardian online questioned this referring to analysis carried out by Aviva on claims going back to the 1860s. Is it really the litigious Americans who are responsible for our


Every law student who has sat through their first lecture on tort law is likely to come away remembering something about a Mrs Donoghue. She of course went to a cafe in Paisley and ordered a bottle of ginger beer to drink with an ice cream. As she poured out some of the drink, she


SRA warning of clamp down following referral fee ban SRA warns firms that the burden is on them to demonstrate they are not paying referral fees In a recent speech the SRA’s Samantha Barrass warned firms that they risked disciplinary action if they failed to ensure that arrangements with claims management companies did not amount


More on Phimister v DM Hall LLP [2012] CSOH 169 (see earlier posting), which concerned a valuation of a residential property in Scotland. The Claimant’s criticism is that the Defendant ought to have checked the Property’s acreage and, had he done so, he would have realised that it was 0.46 acres smaller. Lord Glennie dismissed


Subscribe for our newsletters, updates and seminars


Subscribe