Tag Results

High Court strikes out negligence claim against private client firm

The High Court has struck out a negligence claim against London private client specialists Harcus Sinclair on the grounds that it was statute-barred. The judge said it could not be argued that a partner had deliberately concealed his conduct when it was “done in plain sight” of his client and other parties’ lawyers.

May 31st, 2017 | No Comments »

What’s in a name? Appeal judges reject pleas of claimant who sued wrong firm

Appeal judges have rejected the pleas of a claimant who, faced by two law firms with similar names set up by the same solicitor, sued the wrong one. The court heard how Godfrey Morgan Solicitors and Godfrey Morgan Solicitors Limited were run “in parallel, as distinct businesses”.

May 16th, 2017 | 1 Comment »

ABS preparing to launch group negligence action against conveyancers

An alternative business structure is preparing to launch a group negligence action against conveyancers working for the developers and purchasers of ‘help to buy’ leasehold housing. Louie Burns, managing partner and co-owner of Leasehold Law, said the total damages claimed could potentially top £500m.

April 25th, 2017 | 6 Comments »

High Court throws out negligence claim against law firm and counsel

The High Court has summarily dismissed a professional negligence claim brought by a hotel company against Midlands firm Wright Hassall and a barrister, Max Mallin. The case involved the conversion of a Victorian office building in Manchester into a four-star hotel.

June 10th, 2016 | No Comments »

Land Registry can sue conveyancers for mortgage misrepresentations, High Court rules

The Land Registry can sue a former law firm for negligent misrepresentation in not checking whether a mortgage discharge form was genuine, the High Court has decided. Master Matthews admitted there was no fiduciary relationship between law firm and Land Registry.

March 29th, 2016 | 1 Comment »

High Court: Wrong to assume it is “more improbable” that professionals will be dishonest

It would be wrong to assume that it is “inherently more improbable” that a professional person will be dishonest than anyone else, the High Court has said. In his ruling, HHJ Saffman said the sole practitioner involved had misrepresented “the true position” in an attendance note.

January 26th, 2016 | No Comments »

Professional negligence warning over PI, commercial and family work

Personal injury, commercial and family work will all fuel negligence claims against lawyers, insurance specialist BLM has warned in a white paper. It also predicted that a new source of claims could come from the “rapid pace of reform” in legal services, testing new systems and processes “to their limit”.

December 8th, 2015 | No Comments »

High Court judge castigates senior property partner “who cut corners all the time”

A High Court judge has launched an extraordinary attack on a senior property partner, saying that although he was “on the whole” an honest witness, he “plainly cut corners all the time in his practice”. Mrs Justice Proudman said Michael Parker regarded himself as a “man of commerce”.

November 30th, 2015 | No Comments »

Conveyancing solicitors acting for both sides must report crucial details to lenders, appeal judges rule

Solicitors acting for both sides in property transactions are under a duty to disclose crucial details to lenders, the Court of Appeal has ruled. They are not expected to act as a “detective or bloodhound”, but should report adverse “non-confidential information”.

November 13th, 2015 | No Comments »

Appeal judges overturn Blakemores negligence claim strike-out and £635,000 costs judgment

The Court of Appeal has overturned a High Court decision striking out a negligence claim against Birmingham law firm Blakemores, now in administration, and also set aside a default judgment obtained by the firm for £635,500 in costs.

October 8th, 2015 | No Comments »