pnBlawg

the professional negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Crystal ball gazing: how does a judge assess loss of chance?

You can prove that a past event has happened but you cannot prove that a future event will happen. When the actions of a third party are relevant all that can be done is to evaluate the chance of that event happening. So when a claimant has proved as a matter of causation a real or substantial chance rather than a speculative chance of an event or events happening how does a court evaluate that lo... [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/

Contesting a Will: summary judgment for the solicitor executor

On 14.8.14 Edward Murray sitting as a Deputy Judge of the Chancery Division handed down judgment in King v King, King & Mark Ellis  [2014] EWHC 2827 (Ch). The widow argued that the will was invalid on two grounds: (1) lack of knowledge and approval; and (2) that it had been procured by undue influence. Mark Ellis, who prepared the will and was an executor, successfully obtained summary ... [More]

Law Society: Mortgage Fraud Practice Note Update

On 31 July 2014 the Law Society issued an updated practice note on mortgage fraud. http://www.lawsociety.org.uk/advice/practice-notes/mortgage-fraud/ There are no changes to the guidance.   The changes reflect updates to the law and publications. As of October 2013 the Serious Organised Crime Agency was replaced by the National Crime Agency. The Economic Crime Command is tasked wi... [More]

Section 61 relief: is Santander v RA Legal [2014] EWCA Civ 183 the high-water mark for claimants?

In Santander UK Plc v RA Legal Solicitors (A Firm) [2014] EWCA Civ 183 (24.2.14) V agreed to purchase a house in London E16 for £200,000     and obtained an advance from Abbey of £150,000. He instructed RA. The seller instructed Sovereign Law LLP. The completion monies were transferred to Sovereign Law and the transaction apparently completed. In fact it did not complete.... [More]

Equitable Compensation: AIB v Mark Redler in the Supreme Court

On 5 June 2014 the Supreme Court heard the appeal in AIB v Mark Redler. (Lord Neuberger, Lady Hale, Lord Wilson, Lord Reed, Lord Toulson) AIB v Mark Redler [2013] EWCA Civ 45 is often wrongly categorised as one of the recent spate of section 61 relief cases. It was a breach of trust case and although section 61 was pleaded in the defence it was not pursued. The solicitors accepted that... [More]

LCLCBA

The London Common Law and Commercial Bar Association has a new website. http://www.lclcba.com  

LASPO - not joining the dots

It has been two weeks since the legal aid provisions of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) came into force on 1 April 2013. More of a whimper than a bang on an inauspicious day. Will LASPO achieve its objectives: to reduce the legal aid bill and reduce the number of claimants who use court as a first resort. The first aim is likely to be achieved given t... [More]

Breach of Trust: AIB Group (UK) plc v Mark Redler & Co

See my earlier post, 13.12.12, on Nationwide v Davisons [2012] EWCA Civ 1626. The Court of Appeal judgment  in AIB Group (UK) Plc v Mark Redler & Co [2013] EWCA Civ 45 was handed down on 8 February 2013. The court has again taken the opportunity to place a brake on breach of trust arguments in professional negligence claims. In AIB v Redler the Court of Appeal grappled with two main iss... [More]

Section 61 Trustee Act 1925 and the Three Wise Men.

Honesty, reasonableness and fairness. Lenders are embracing breach of trust arguments in what would otherwise be traditional negligence claims with fervour. Does it have something to do with their fear of previous risky lending practices coming back to bite them in the form of hefty findings of contributory negligence? Where the transaction has not completed there are significant a... [More]