Negligence and the Consumer Credit Act 1974: Lessons from Bailey v Bijlani & MBNA Ltd [2025] EWHC 175 (KB)
Introduction Imagine going in for dental implant surgery and walking away not only in pain but worse off than when you started. This is exactly what happened in a recent case where a patient was awarded significant damages due to botched dental work. What makes this case even more interesting is that the patient also […]
An unfavourable outcome will not always mean that an adviser was negligent
Professional negligence claims may be made where a professional (such as a solicitor, architect, surveyor etc.) has failed to perform their responsibility to a set standard. When providing services professionals are under a duty to exercise a reasonable degree of skill and care. If they do not, their client may have grounds to pursue a claim […]
Can a professional be held accountable for advice given before a contract is agreed?
It is common knowledge that solicitors and other professionals can be held accountable if they fail to perform their responsibilities to the required standard or breach their duty of care. This includes providing negligent advice given during a retainer to act on a client’s behalf. However, how far does this negligence stretch to a professional […]
The importance of limiting a solicitor's involvement in the preparation of an expert's report
Expert evidence is often used during litigation to help the court understand matters where they do not possess the requisite technical or specialist knowledge on the area. Rules govern the use of experts in litigation and are contained in Part 35 of the Civil Procedure Rules (“CPR”) and Practice Direction 35. Expert evidence is not […]
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 […]