pnBlawg

the professional negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

No duty on solicitors to confirm opponent’s PI cover in place

 At the trial last month of a solicitors’ negligence claim the High Court has held that there was no duty on a solicitors’ firm, acting for a client in civil litigation, to ensure that the opponent had effective professional indemnity insurance cover in place.   The claimants sued the solicitors’ firm (BG) which had previously represented them in a dispute with an ar... [More]

Plus ça change? Re-litigating the underlying claim in a solicitors’ negligence case

In a solicitors’ negligence claim based on a previous case which was lost or under-settled it is not unusual to see the complaint that one party is seeking to re-litigate the original claim.  However, the complaint is normally one levelled by the defendant against the claimant.  The correct approach is to assess the “value” of the lost chance of the claim succeeding by ... [More]

Contractual alteration to limitation periods

Coulson J in the TCC has considered the question of parties’ ability to agree in contractual terms to vary the usual limitation period governing claims either side might make under a construction contract. He noted that this issue had recently been decided by the CA in favour of allowing parties to vary the limitation period to provide certainty in Inframatrix Investments Ltd v Dean Constr... [More]

Cut & paste judgment

A senior specialist judge has recently been criticised in trenchant terms by the Court of Appeal for delivering a written judgment that did little more than to replicate the submissions of counsel for the successful party.  He seems to have used the electronic (Word) copy of the submissions, deleted the barrister's signature and made a few editorial changes, but left approximately 94% of... [More]

Judicial assessment of experts

Fancy some feedback?  The criminal Bar is having to come to terms with the prospect of barristers being formally assessed every year by the judiciary if they wish to continue in practice – under a system called QASA (Quality Assurance Scheme for Advocates).  And civil practitioners are warned that it could be coming their way some time in the future – despite the fact that we... [More]

GP’s “reconstructed” evidential account preferred

In a judgment handed down last week the Court of Appeal upheld a decision in favour of a family doctor accused of negligence for failing to refer a very young baby to hospital with meningitis.  In Doy v Gunn [2013] EWCA Civ 493 the complaint was that the GP wrongly diagnosed colic.  If the child had been immediately referred to hospital then antibiotic treatment would have been a... [More]