Solicitor negligence and the exercise of liens: David Ellis v John Hodge Solicitors (a firm)
A lien refers to a solicitor’s right to retain their client’s property, including any paperwork and documents held by the solicitor, until the firm’s fees are fully paid. However, in the context of a claim for professional negligence against a law firm, it would seem entirely contrary to all equitable principles for that firm to […]
Japanese Knotweed – Getting to the root of the matter
Japanese knotweed is an invasive plant and one of the UK's most pernicious weeds. It reproduces and spreads throughout Britain via knotweed, contaminated soil, and rhizome fragments. Since 1850, when it was introduced into the UK by the Victorians as a bamboo-like ornamental plant, knotweed has spread across the UK, with areas of high concentration found […]
Coote v Ullstein – professional negligence claim against solicitor and barrister dismissed at court
Why is Causation so important in professional negligence claims? This is an interesting case for many reasons and particularly resonates with me. As a specialist advisor in corporate and commercial disputes, I am regularly instructed to investigate negligence claims against solicitors and other legal professionals. It surprises people to learn that just because a legal […]
Expert Evidence in Professional Negligence Claims
Professional Negligence cases can stand or fall on the strength, or otherwise, of the expert evidence. If a client wishes to criticise the work of a professional person, then there must be a supportive report from an expert of the same or similar professional discipline. This is very familiar territory for practitioners who conduct clinical […]
How does the court deal with uncontroverted expert evidence?
This week I am considering the case of Griffiths v TUI (UK) Limited [2021] EWCA Civ 1442 (CA) which was handed down in the Court of Appeal on 7 October. Earlier this year, in my post about the case of Oaklion Properties Ltd v Denbighshire County Council [2021], I explained that, when preparing for a […]
Determining the scope of a professional’s duty: a new approach
Two important decisions were handed down by the Supreme Court on 18 June 2021. The cases will be of interest to all professionals because they address the approach the court will take when ascertaining an adviser’s duty of care. The cases of Manchester Building Society v Grant Thornton, a case involving accountants, and Khan v […]
Tort waits for no man: case leads to development in negligence law to reflect changes in environmental standards
In this week’s Weekly Law Review, I’ve chosen to look at Begum v Maran (UK) Ltd [2021] EWCA Civ 326. This is a fascinating case, which demonstrates how the law of negligence may develop to reflect changes in international environmental standards, which the judge described as a ‘rapidly-developing area of law.’ In a judgment handed […]
Expert Witnesses: Oaklion Properties Ltd v Denbighshire County Council [2021]
Oaklion Properties Limited v Denbighshire County Council was heard in the Upper Tribunal (Lands Chamber) in January 2021, and the decision was handed down on 12 March 2021. The case was concerned with the compulsory purchase of a property and what value should be attributed to that property. The points that the tribunal made about […]
Dealing With Commercial Disputes
On 28 November 2019, I was delighted to be invited to speak at the AMPS Power Connections Conference in Manchester. My presentation was a whistle stop tour of the litigation process in England and Wales. I explained that dealing with court proceedings can be unpredictable and expensive and that it is therefore important to get […]
Negligent Survey Claims, Loss and Missing Concrete Evidence
It is well established that the measure of loss in a claim against a surveyor for a negligent report is the diminution in value of the property, and not the cost of repairs. However, in the recent Court of Appeal case of Moore and another v National Westminster Bank, the court assessed the claimants’ loss […]