Assumption of Responsibility in Professional Liability Claims: Part 2
In the typical professional liability claim, the claimant will be a former client. It will likely be common ground that the professional owed a coterminous duty in contract and
Assumption of Responsibility in Professional Liability Claims: Part 1
In the typical professional liability claim, the claimant will be a former client. It will likely be common ground that the professional owed a coterminous duty in contract and
No Such Undertaking: a review of the law relating to lawyers’ undertakings
Undertakings are an established feature of the legal landscape. The courts have recognised them as vital in conveyancing transactions and of much wider application. Discussion usually focusses on what
The Right to Adjudicate & Collateral Warranties
In Abbey Health Care (Mill Hill) v Augusta 2008 LLP (formerly Simply Construct (UK) LLP, the Supreme Court has recently considered whether a Collateral Warranty could be a “
Over the Limit: when proceedings issued out of time can be effective
The Limitation Act 1980 identifies time periods during which various types of claims must be brought. The Civil Procedure Rules accommodate for the court receiving a claim form within
Costs in the Solicitors Disciplinary Tribunal: Guidance from the Divisional Court
It might be recalled that we previously reported on the SRA’s unsuccessful prosecution of Amie Tsang. Ms Tsang acted as Buyers’ conveyancing solicitor in failed buyer-funded development projects. The
Caytons review the recent Court of Appeal decision in Morris & Others v Williams & Co on the use of a single claim form in multi claimant actions.
In recent years the Courts have seen increasing use by claimants in multi party actions using a single claim form in some instances to start actions sometimes involving 1000’s
Of Some Interest: the discretionary power to award interest on damages
Arguments about interest on damages can be a ritual war dance. Claimants reflexively base their calculations on judgement rate of 8%, defendants on Base rate + 1 or 2%.
Dziugys v Ersan and Co: the Limits of Botched Litigation Claims
In Dziugys v Ersan and Co [2024] 434 (KB), the High Court rejected a claim for professional negligence against a solicitor arising from a failed personal injury action. Richard
Forced ADR Revisited
In the recent case of Churchill v Merthyr Tydfil [2023] EWCA 1416, the Court of Appeal revisited the vexed question of whether the court has the power to order
