Can you sue a solicitor for professional negligence?
Suing a solicitor for professional negligence may seem like a daunting prospect, but it is possible, provided the legal and evidential aspects of a professional negligence claim can been made out. Below we look at what is meant by professional negligence when the professional in question is your former solicitor, together with the basic ingredients […]
What are the signs of professional negligence?
Having paid for the services of a professional, it can be upsetting to receive a substandard service. However, in cases where you suspect that the service received fell short of what was reasonably expected of the professional in question, and where this has resulted in financial or other losses, in addition to the cost of […]
A lawyers' duties to non-clients: David McClean & Ors v Andrew Thornhill KC
In the recent decision of David McClean & Ors v Andrew Thornhill KC [2023] EWCA Civ 466, upholding the decision of Zacaroli J at first instance, the Court of Appeal found that no duty of care was owed to investors by a barrister, specifically a tax silk, advising the scheme promoter. The background in McClean […]
Japanese knotweed and claims for diminution in value
The role played by diminution in value in claims of nuisance involving Japanese knotweed recently came before the Court of Appeal. In Davies v Bridgend County Borough Council [2023] EWCA Civ 80, the CA found that if the value of neighbouring property was diminished as a result of an interference with quiet enjoyment or amenity […]
The importance of limitation periods
Most limitation periods impose strict time limits within which a claim must be brought. As such, it is essential for any potential party to litigation to be fully appraised of how these time limits work in practice. The following guide provides an overview of the key limitation issues to consider when bringing or defending a […]
Solicitor negligence and the exercise of liens: David Ellis v John Hodge Solicitors (a firm)
A lien refers to a solicitor’s right to retain their client’s property, including any paperwork and documents held by the solicitor, until the firm’s fees are fully paid. However, in the context of a claim for professional negligence against a law firm, it would seem entirely contrary to all equitable principles for that firm to […]
Japanese Knotweed – Getting to the root of the matter
Japanese knotweed is an invasive plant and one of the UK's most pernicious weeds. It reproduces and spreads throughout Britain via knotweed, contaminated soil, and rhizome fragments. Since 1850, when it was introduced into the UK by the Victorians as a bamboo-like ornamental plant, knotweed has spread across the UK, with areas of high concentration found […]
Coote v Ullstein – professional negligence claim against solicitor and barrister dismissed at court
Why is Causation so important in professional negligence claims? This is an interesting case for many reasons and particularly resonates with me. As a specialist advisor in corporate and commercial disputes, I am regularly instructed to investigate negligence claims against solicitors and other legal professionals. It surprises people to learn that just because a legal […]
Expert Evidence in Professional Negligence Claims
Professional Negligence cases can stand or fall on the strength, or otherwise, of the expert evidence. If a client wishes to criticise the work of a professional person, then there must be a supportive report from an expert of the same or similar professional discipline. This is very familiar territory for practitioners who conduct clinical […]
How does the court deal with uncontroverted expert evidence?
This week I am considering the case of Griffiths v TUI (UK) Limited [2021] EWCA Civ 1442 (CA) which was handed down in the Court of Appeal on 7 October. Earlier this year, in my post about the case of Oaklion Properties Ltd v Denbighshire County Council [2021], I explained that, when preparing for a […]