November
Articles matching "solicitors' liability"
Solicitors’ negligence and the role of expert opinion
Experts disagree on the extent of a solicitor’s duty of care when instructed by a client to draft a will. Sheriff O’Grady notes that he is bound by the approach set down in Hannigan v Lanarkshire…
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Consideration of aggregation of claims clause in minimum terms and conditions of solicitors' professional indemnity policy
On 14 August 2015 Mr Justice Teare handed down judgment in the Commercial Court in relation to a declaration sought by AIG concerning the clause in the Minimum Terms and Conditions of Professional…
Read moreWhere there’s a Will…is there a way?
The Court of Appeal case of Ilott v Mitson [2015] EWCA Civ 797 clarifies rules on reasonable provisions in Wills for adult children, in this instance an estranged daughter who claimed that her…
Read moreCausation and mitigation of loss in conveyancing solicitors’ professional negligence
The recent decision of (1) Michele Raffaello Bacciottini, (2) Rosemary Anne Cook v Gotelee & Goldsmith (a firm) (2014) Ch D provides a useful example of how the use of arguments of failure to mitigate…
Read moreClarification from the Supreme Court in sale and rent back transaction
Yesterday the Supreme Court handed down its long awaited judgment in a test case of preliminary issues in the North East Property Buyers litigation following a hearing in March this year. The Supreme…
Read moreSolicitors evidence: attendance note
The Claimant partnership was concerned with the business of head-hunting within the investment banking sector. In 2008, the Defendant solicitors were instructed by the Claimant in relation to the…
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Solicitors: Beneficiaries’ rights – breach of duty of care
Helen Smith reviews the judgment which raises some interesting points regarding a solicitor’s liability and how a Court evaluates loss in such circumstances.
Read moreSolicitors' duty of care: Free advice
Alexia Drew looks at two judgments from the Court of Appeal involving solicitors‟ duty of care. In one of the judgements it was held that a trial judge had been entitled to find that the Defendant…
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