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Articles matching "professional negligence"
Matters of the Heart
Can a solicitor acting for a grieving family in an Inquest be liable in negligence if their concerns are not completely allayed?
Read moreRetention by Appointment?
The Court of Appeal in Aroca Seiquer & Asociados, Miguel Angel Aroca Seiquer v Roger Adams & Ors [2018] EWCA Civ 1589 held that a Spanish Law firm had negligently failed to warn UK purchasers…
Read moreQuicker and cheaper dispute resolution - a dream come true?
Adjudication is the newest form of alternative dispute resolution (ADR) available to defendants and insurers faced with professional negligence claims. It is designed to produce a reasoned decision…
Read moreA Matter of Record
Drawing on her experiences in recent trials, Joanne Staphnill and Sarah McKay consider the implications for professionals and their insurers of the trend towards greater use of telephony recording…
Read moreKnowing me, knowing you: Date of knowledge for mis-selling claims
CGL Group Limited (“CGL”), a property holding company, brought a claim against Royal Bank of Scotland (“RBS”) for the alleged mis-selling of two interest rate hedging products, which RBS argued were…
Read moreNegligence and financial settlements on divorce following the Supreme Court’s landmark ruling in Sharland
The appellant wife to divorce proceedings was allowed by the Supreme Court to re-open her financial settlement with her husband because of his fraudulent non-disclosure of his financial position…
Read moreCausation: a key element to any professional negligence claim
The Defendant Accountants failed to give appropriate advice to the Claimant on certain changes introduced by the Corporation Tax Act 2009. The Claimant alleged that had it been appropriately advised,…
Read moreThe Professional Negligence Pre-Action Protocol – A new approach to resolving disputes?
The Professional Negligence Pre-Action Protocol (“Protocol”) has been revised and this article discusses the three main changes to the protocol which have prompted most debate. The purpose of the…
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 moreLimited duties: what tax advice does an accountant need to give?
Readers may recall the article in our last update on Mehjoo v Harben Barker [2013] EWHC 1500 (QB), which was reported in some quarters as placing an onus on accountants to advise clients to enter into…
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