pnBlawg

the professional negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Failure to serve Witness Statements on time – better late than never?

Mitchell is still providing a rich source of material for articles, and concern for those worried about being the subject of the next big professional negligence action…   Following on from Andrew’s post last week, I recently encountered the scenario where one party sought to vary a Court timetable of directions but it was not agreed.  Clearly, if the directions themselves... [More]

Professional negligence claims in the post-Mitchell era – a potential minefield

The tough approach to compliance with the CPR and court orders is really starting to bite and one result is bound to be more professional negligence claims where litigation has become derailed as a result of a party failing to comply and being refused relief. Following Mitchell v News Group [2013] EWAC Civ 1537, save where breaches are “trivial”, a party seeking relief faces a high h... [More]

Interest on Costs paid to Negligent Legal Representatives

The High Court recently provided litigants with some guidance as to the principle of a party claiming interest on costs paid to legal representatives in actions which are subsequently held to have been negligently conducted.   Surely, the principle that such a party should recover interest on the returned fees is sound in law, corresponding with such judgments as Lord Denning in  Jeffor... [More]

Contingencies, possibilities, probabilities and limitation.

   The question of when a cause of action arises can be difficult where the Claimant has entered into a transaction which gives rise to a contingency of a loss; is it when the transaction was entered or when the contingency arose? In claims for negligence the cause of action only arises when there is an actual loss. In Venulum Property Investments Limited v Space Architects and oth... [More]

The icing on the cake: proximity needed to establish a duty

  The Court of Appeal has just overturned a decision in which a surveyor was found jointly liable for personal injuries suffered by some members of the public who were struck by part of a shop sign which fell onto the pavement on Putney High Street. The Court has reversed the trial judge’s finding that the surveyor owed a duty of care to the injured claimants, stressing the need for p... [More]

NHS England: are GPs getting a fair hearing?

  GPs may not perform NHS services in England unless they are included in a national list (“the List”) held by NHS England. NHS England has powers to manage admission, suspension and removal from the List. If a GP’s name is not on the List he/she is prevented from practising. Evidently, therefore, NHS England’s list determinations have very serious ramifications f... [More]

A BUGging question of disclosure...

 In one of his first decisions after appointment to the Chancery Division Nugee J heard an appeal on a disclosure issue in the case of Ward Hadaway v DB UK Bank Limited (11.11.2013 unreported). The case raised a point of principle on the test to be applied where a document has already been technically disclosed by reference but the disclosing party claims that the primary disclosure duty is n... [More]

Architects' Professional Consultancy Certificates – Certifiable Trouble?

As we draw to the close of 2013, one case from this year which did not receive as much attention as I expected was Hunt & Ors. v Strutt & Parker & Ors. [2013] EWHC 681 (TCC).  It is most rare to have a judgment concerning Professional Consulting Certificates (“PCCs”) issued by an architect, essentially in order to certify that a property complies with the apposite pla... [More]

Kelly v Black Horse - reasonableness of ATE premiums in PPI litigation

  Another recent example of the courts’ more robust approach to costs (as to which, see also my earlier posting on Willis v MRJ Rundell & Associates Ltd) is found in Kelly v Black Horse [2013] EWHC B17 (Costs). Kelly was a fully-contested PPI claim which the claimants won. The district judge ordered that the balance of their outstanding loan (£5,200) be written off, that the d... [More]

Michael v Middleton - relief from sanctions under CPR 3.9 and solicitors negligence claims

Litigation solicitors up and down the country are no doubt assessing the implications of the latest procedural changes with an eye to their own risk management profile. Of particular importance has been the change to the provisions concerning relief from sanctions under CPR 3.9. The recent decision of Michael v Middleton [2013] EWHC 2881 (Ch) illustrates how tough the courts are becoming in implem... [More]