pnBlawg

the professional negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Schubert Murphy v The Law Society

In Schubert Murphy v The Law Society [2015] P.N.L.R. 15 (QBD), Mitting J refused to strike out a claim by solicitors who alleged that it had suffered loss during a conveyancing transaction as a result of relying upon misinformation on the Law Society’s "Find a Solicitor" website. Someone calling themselves John Dobbs submitted and obtained a practising certificate to operate as a sole practi... [More]

Causation: the Defendant’s friend

“When a judge says ‘It ill behooves the Defendant to argue that his negligence did not cause the Claimant’s loss…’, you know he doesn’t understand how a causation defence works.”  So commented a colleague of mine in my early days of doing professional negligence cases.    In a recent solicitor’s negligence claim[1] the High Court... [More]

LIP new guidance for lawyers

On 4 June 2015 guidelines prepared jointly by the Bar Council, CILEx and the Law Society were published. http://www.lawsociety.org.uk/Support-services/Advice/Articles/Litigants-in-person-new-guidelines-for-lawyers-June-2015/

Knowledge of negligence – Section 14A of the Limitation Act

Section 14A of the Limitation Act is extremely challenging and has given rise to a considerable body of case-law.   One particularly vexed question is the extent of knowledge required where lawyers are sued for providing allegedly negligent advice on an underlying claim. In particular, does the claimant to have to know that the advice given by the lawyers was wrong? Or is that excluded b... [More]

The Duty to Warn....!

There are relatively few cases on the subject of what warnings professionals need to give to their clients when advising/acting for them.  In a case that came before Akenhead J in the TCC this March, the following guidance was given.  Clearly much will depend upon the expert evidence and any contracts in such cases, but it is still worth bearing in mind this summary on a common yet surpr... [More]

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]