pnBlawg

the professional negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

No duty owed by conveyancing solicitors to investigate the solvency of a vendor

No duty owed by conveyancing solicitors to investigate the solvency of a vendor: Karmjeet Singh Kandola v Mirza Solicitors LLP [2015] EWHC 460 (Ch) The High Court has recently dismissed a negligence claim brought against solicitors for the alleged failure to investigate the solvency of a party in the context of a property transaction.  The claimant, a businessman and owner of several buy to l... [More]

Fee increase to take place next Monday

A dramatic hike in court fees is to take place on Monday 9th March 2015. The Law Society has published the following table (see below) of the new court fees suggesting solicitors consider issuing cases this week.    Employment Tribunal fees were increased in July 2013 and the effect is thought to have been to reduce the number of tribunal claims substantially. It remains to be seen ... [More]

The "new approach" to applications for extensions of time to appeal

A recent judgment of the Court of Appeal has extended the spectre of the robustness of the 'Jackson Reforms' yet further. Although the approach courts now take is somewhat softer following the Court of Appeal's judgment in Denton, there is no doubting that the earlier decision in Mitchell has changed the landscape of litigation, at least in cases where concession or relief is sought and where defa... [More]

Solicitors’ firms feel the pressure as professional negligence claims soar

The Solicitors Regulation Authority is considering launching judicial review proceedings against the Legal Services Board’s refusal to lower the minimum level of professional indemnity insurance cover to £500,000.      Coverage is a more pressing issue than ever given that, in 2013, the number of negligence claims brought in the High Court against solicitors increa... [More]

No duty owed by a valuer for a developer’s loss of profit or loss of a chance on subsequent sale

Freemont (Denbigh) Ltd v Knight Frank LLP [2014] All ER (D) 165 (Oct)    On 14 October 2014 Stephen Smith QC sitting as a Deputy High Court Judge in the Chancery Division handed down judgment on five preliminary issues concerning a multi-million pound dispute over an allegedly negligent valuation of a development site.    HELD, although a valuer owes concurrent duties in contr... [More]

TOWIE's Sugar Hut Costs Judgment

Sugar Hut Group & Ors v AG Insurance [2014] EWHC 3775 (Comm)   Mr Justice Eder today handed down his judgment on costs issues following his substantive judgment on the 20th October 2014 in the matter of the Sugar Hut Group v AG Insurance. The Claimants were ordered to pay the costs of the claim from the 14th June 2014, save for the costs of the discrete issue as to the amount of interest ... [More]

AIB v Redler - Supreme Court Dismisses Bank's Appeal

The Supreme Court yesterday dismissed AIB's appeal in this eagerly awaited decision concerning the measure of loss for breach of trust by solicitors paying away mortgage monies.  The bank claimed its solicitors had to "reconstitute the trust fund" after the solicitors paid an incorrect redemption figure leaving the bank with a second charge rather than a first charge. When the property was so... [More]

Regulating lettings agents and what do we mean by a "reference check" anyway?

The Department for Communities and Local Government have recently issued guidance on the new legislation (Redress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014 (SI 2014 No. 2359)) which came into effect on 1 October 2014 requiring lettings agents and property managers to join one of the three Government redress schemes. ... [More]

Shooting Admiral Byng

Admiral Byng was held responsible for the loss of Minorca in 1756. He was relieved of his command, court martialled and shot by a firing squad. Voltaire remarked of the decision to shoot him that it was beneficial to kill an Admiral from time to time “pour encourager les autres”. Although Hildyard J. made reference to Admiral Byng in his judgment in the case of Caliendo v Mishcon de Re... [More]