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HOWKINS & HARRISON (A FIRM) v TYLER AND ANOR

[2001] Lloyd's Rep PN 1

Valuers - Contribution - Civil Liability (Contribution) Act 1978 - Whether liability in debt liability in respect of same damage as liability for negligent valuation.

JEWO FERROUS BV v LEWIS MOORE (A FIRM)

[2001] Lloyd's Rep PN 6

Solicitors - Existence of retainer - Determining identity of client - Appropriate test - Ambit of duty - Grant of debenture - Requirement to undertake company searches.

KILLICK AND ANOR v PRICEWATERHOUSECOOPERS (A FIRM)

[2001] Lloyd's Rep PN 17

Auditors - Appointment to value shares on compulsory disposal by shareholder - Duty of care to shareholders - Effect of limitation of liability in acceptance of instructions from company - Summary judgment.

LLOYDS TSB GENERAL INSURANCE HOLDINGS LTD AND ORS v LLOYDS BANK GROUP INSURANCE COMPANY LTD ABBEY NATIONAL PLC v LEE AND ORS

[2001] Lloyd's Rep PN 28

Pension advisers - Personal pensions - Bankers’ Composite Insurance Policy - Lloyd’s Financial Institutions Professional Indemnity Policy - Deductible - Aggregation clause - Claims for persons mis-selling - Failure of pension advisers to give investors “Best Advice” in accordance with LAUTRO rules - Failure of management to provide advisers with training required to enable them to give “Best Advice” - Whether claims “resulted from” any single act or omission or a related series of acts or omissions - Whether failure to provide advisers with necessary training was the proximate cause of claims - Whether claims to be considered a single third party claim for the purposes of application of the deductible.

MANN v CHETTY & PATEL (A FIRM)

[2001] Lloyd's Rep PN 38

Solicitors - Expert evidence - Case management - Whether expert evidence should be admitted in a claim alleging negligence in the conduct of ancillary relief proceedings.

STEPHENSON BLAKE (HOLDINGS) LTD v STREETS HEAVER LTD

[2001] Lloyd's Rep PN 44

Information technology consultants - Contract to act as management consultants in connection with acquisition of computerised accounting system - Breach of contract - Causation of loss.

BAXALL SECURITIES LTD AND ANOR v SHEARD WALSHAW PARTNERSHIP (A FIRM)

[2001] Lloyd's Rep PN 85

Architects - Duty of care to subsequent occupier - Proximity - Whether fair, just and reasonable.

CALVER v WESTWOOD VETERINARY GROUP

[2001] Lloyd's Rep PN 102

Veterinary surgeons - Treatment of mare following abortion - Whether negligent on application of Bolam test.

CAPE & DALGLEISH (A FIRM) v FITZGERALD AND ANOR

[2001] Lloyd's Rep PN 110

Auditors - Contribution proceedings - Company settling fraud claims against director and then bringing successful claim against its auditors - Whether auditors entitled to bring contribution proceedings against the director.

GRUPO TORRAS AND ANOR v AL-SABAH AND ORS

[2001] Lloyd's Rep PN 117

Foreign lawyers - Dishonest assistance - Application of the test of “dishonesty” - Standard of proof - Causation in cases of dishonest assistance.

HUSSAIN v CUDDY WOODS & COCHRANE (A FIRM) AND ANOR

[2001] Lloyd's Rep PN 134

Barristers - Settlement of court action - Counsel advising claimant to settle action for £10,000 - Whether counsel negligent in doing so - Whether any inference to be drawn from counsel having a financial interest in settlement.

MEDCALF v MARDELL AND ORS

[2001] Lloyd's Rep PN 146

Barristers - Wasted costs order - Section 51 of the Supreme Court Act 1981 - Professional privilege - Confidentiality - Improper pleas of fraud- Whether fair determination of wasted costs application possible when barrister’s client declines to waive privilege or confidentiality.

SUMMIT PROPERTY LTD v PITMANS (A FIRM)

[2001] Lloyd's Rep PN 164

Solicitors - Breach of duty - Unjustified refusal to continue to act in property transaction - Causation - Use of confidential information without consent.

HALLAM-EAMES AND ORS v MERRETT SYNDICATES LTD AND ORS

[2001] Lloyd's Rep PN 178

Lloyd’s syndicates - Limitation Act 1980, section 14A - Claim by Lloyd’s Names - Date of knowledge - Meaning of “attributable”.

FENNON v ANTHONY HODARI & CO (A FIRM)

[2001] Lloyd's Rep PN 183

Solicitors - Failure to explain nature and effect of legal charge - Knowledge of loss - Limitation Act 1980, section 14A.

GOOSE v WILSON SANDFORD & CO (A FIRM)

[2001] Lloyd's Rep PN 189

Accountants - Deceit - Ingredients of tort of deceit - Causation - Knowing assistance in a breach of fiduciary duty.

GREEN v HANCOCKS (A FIRM) AND ANOR

[2001] Lloyd's Rep PN 212

Solicitors - Barristers - Advice on correct parties to litigation - Causation - Defendant’s applications for summary judgment.

HAVENLEDGE LTD v GRAEME JOHN & PARTNERS

[2001] Lloyd's Rep PN 223

Solicitors - Purchase of nursing home - Failure to obtain a mining report - Remedial works causing disruption and ultimately receivership of claimant - Whether claim in negligence statute-barred - Limitation Act 1980.

LOOSEMORE v FINANCIAL CONCEPTS (A FIRM)

[2001] Lloyd's Rep PN 235

Independent financial advisers - FIMBRA Rules - Financial Services Act 1986, section 62 - Breach of statutory duty - Negligence - Extent of duty to advise - Limitation - Deliberate commission of breach of duty - Limitation Act 1980, section 32(1)(b).

NEW ISLINGTON AND HACKNEY HOUSING ASSOCIATION LTD v POLLARD THOMAS AND EDWARDS LTD

[2001] Lloyd's Rep PN 243

Architects - Breach of contract - Negligence - Limitation - RIBA standard conditions - Defective design - Soundproofing - Practical completion - Supervision - Continuing Duty - Latent damage - Limitation Act 1980, section 14A.

RUPAREL v AWAN AND ANOR

[2001] Lloyd's Rep PN 258

Solicitors - Court’s inherent jurisdiction to supervise solicitors - Enforcement of undertakings - Whether given in capacity as solicitor - Whether binding on partner - Partnership Act 1890, section 5.

WIGHT AND ANOR v OLSWANG

[2001] Lloyd's Rep PN 269

Solicitor trustees - Breach of trust - Applicable test for breach concerning investment decision - Nature of breach of trust - Causation - Summary determination.

X (AN INFANT) v WOOLLCOMBE YONGE (A FIRM)

[2001] Lloyd's Rep PN 274

Solicitors - Wills - Failure to prepare revised will before death of testator - Nature and scope of duty - Breach of duty - Expert evidence.

AURUM INVESTMENTS LTD v AVONFORCE LTD (IN LIQUIDATION) AND ORS

[2001] Lloyd's Rep PN 285

Contractors - Underpinning - Contribution - Duty to warn - Subsequent unsafe or unsuitable works - No knowledge of manner in which works would be carried out.

CAVE v ROBINSON JARVIS & ROLF (A FIRM)

[2001] Lloyd's Rep PN 290

Solicitors - Limitation - Deliberate concealment - Limitation Act 1980, section 32 - Precedent - Whether three-judge Court of Appeal bound by decision of two-judge court.

DEVINE AND ANOR v JEFFERYS (A FIRM)

[2001] Lloyd's Rep PN 301

Surveyors - Negligent report on residential property - Whether subsequent release by mortgagee of claimants’ indebtedness to be taken into account on assessment of damages.

J JARVIS AND SONS LTD v CASTLE WHARF DEVELOPMENTS LTD AND ORS

[2001] Lloyd's Rep PN 308

Quantity surveyors - Architects - Duty of care owed by employer’s quantity surveyor to contractor - Duty of care owed by architect to contractor - Misrepresentation - Causation.

PADHIAR AND ORS v PATEL AND ORS

[2001] Lloyd's Rep PN 328

Solicitors - Wasted costs order - Solicitor not aware company struck off register - Solicitor had no authority to act - Supreme Court Act 1981, section 51(6) - Inherent jurisdiction of the court.

RAISS v PALMANO

[2001] Lloyd's Rep PN 341

Expert witnesses - Immunity from suit - Pre-trial conduct - Whether immunity extending to a representation made by the expert on instruction and in his report but later withdrawn in cross-examination.

CRANEHEATH SECURITIES LTD v YORK MONTAGUE LTD

[2001] Lloyd's Rep PN 348

Surveyors - Commercial valuation - Whether necessary to establish negligence to show that final valuation wrong, or whether sufficient to show errors in the preparation of the valuation.

SOUTH WEST WATER SERVICES LTD v INTERNATIONAL COMPUTERS LTD

[2001] Lloyd's Rep PN 353

Suppliers of computers - Contract to supply computer system and project management services - Delay - Whether repudiatory breach of contract - Misrepresentation - Damages - Whether liability for misrepresentation excluded or damages limited by terms of the contract - Application of the Unfair Contract Terms Act 1977 - Availability of claim in restitution.

BARINGS PLC (IN LIQUIDATION) AND ANOR v COOPERS & LYBRAND (A FIRM) AND ORS

[2001] Lloyd's Rep PN 379

Auditors - Evidence - Expert evidence - Admissibility of reports concerning management of derivatives trading business for purpose of defences on causation and contributory negligence - Civil Evidence Act 1972, section 3.

BERMUDA INTERNATIONAL SECURITIES LTD v KPMG (A FIRM)

[2001] Lloyd's Rep PN 392

Auditors - CPR Part 31.16 - CPR Part 48.1 - Intended professional negligence action against auditors and tax agents - Whether pre-action disclosure desirable - Whether costs of an application under CPR 31.16 and of compliance should be awarded to respondent to the application.

EZEKIEL v LEHRER

[2001] Lloyd's Rep PN 401

Solicitors - Limitation - Limitation Act 1980, section 32 - Deliberate concealment - Reasonable diligence - Summary judgment - CPR Part 24.

GLAISTER v GREENWOOD

[2001] Lloyd's Rep PN 412

Investment advisers - Pension mis-selling - Limitation - Date of knowledge under section 14A of the Limitation Act 1980.

GOLD v MINCOFF SCIENCE & GOLD (A FIRM)

[2001] Lloyd's Rep PN 423

Solicitors - Limitation Act 1980, sections 2, 14A and 32 - Negligent advice as to the extent of mortgages - Accrual of damage and date of knowledge - Claims for negligent failure to advise of previous negligence - Damages - Proper approach to assessing damages when there were two acts of negligence.

LLOYDS BANK PLC v BURD PEARSE (A FIRM) AND ANOR

[2001] Lloyd's Rep PN 452

Solicitors - Limitation Act 1980, section 14A - Solicitor negligently failing to advise on existence of restrictive covenants affecting land to be taken as security - Second solicitor subsequently failing to advise on existence of covenants on transfer of security - Whether knowledge of second solicitor to be imputed to client - Correct measure of damages.

MERRETT v BABB

[2001] Lloyd's Rep PN 468

Valuers - Employee - Personal liability to purchaser relying on building society valuation commissioned from employers - Joint purchasers - Claim brought by one - Limitation and joinder.

ANTONELLI v ALLEN AND ANOR

[2001] Lloyd's Rep PN 487

Solicitors - Firm’s liability - Ordinary course of business - Apparent authority of partner - Receipt of money without instructions - Release - Jus tertii.

CORBETT v BOND PEARCE (A FIRM)

[2001] Lloyd's Rep PN 501

Solicitors - Administration of estates - Measure of damages - Whether damage to include litigation costs as well as compensation to disappointed beneficiaries.

EASTGATE GROUP LTD v LINDSEY MORDEN GROUP INC AND ANOTHER

[2001] Lloyd's Rep PN 511

Accountants - Contribution - Buyer bringing claim against seller of business for breach of warranty - Seller issuing Part 20 claim against buyer’s accountants for breach of duty in advising buyer - Whether seller and accountants liable in respect of same damage - Civil Liability (Contribution) Act 1978 section 1(1).

LIVERPOOL ROMAN CATHOLIC ARCHDIOCESE TRUSTEES INCORPORATED v GOLDBERG (No 2)

[2001] Lloyd's Rep PN 518

Experts - Evidence - Admissibility - Expert evidence in negligence action against QC specialising in taxation - When objection to admissibility of expert report should be taken - Correct approach to such an application when made before trial.

THE ROYAL BROMPTON HOSPITAL NATIONAL HEALTH SERVICE TRUST v HAMMOND AND ORS

[2001] Lloyd's Rep PN 526

Architects - Procedure - Inappropriate to strike out a claim at trial otherwise than by reference to Part 24

DENT AND ANOR v DAVIS BLANK FURNISS AND ORS

[2001] Lloyd's Rep PN 534

Solicitors - Assessment of damages - Failure to conduct search of commons register - Whether damages to be assessed by diminution in value or total expenses on “no transaction” basis - Date for assessment.

DAY v COOK

[2001] Lloyd's Rep PN 551

Solicitors - Measure of damages - Whether controlling shareholder was able to recover for diminution in the value of his shares - Principle of “non reflective loss”.

HARLEY AND ANOR v McDONALD

[2001] Lloyd's Rep PN 584

Barristers and solicitors - Costs incurred by client in bringing unsuccessful action - Whether order for contribution should be made against client’s legal representatives.

HOPKINS v MacKENZIE

[2001] Lloyd's Rep PN 600

Solicitors - Limitation - Medical negligence action struck out for want of prosecution - Date of accrual of cause of action.

ROY DEAN v ALLIN & WATTS (A FIRM)

[2001] Lloyd's Rep PN 605

Solicitors - Scope of implied retainer - Duty of care - Assumption of responsibility - Duty to advise party contracting with client.

DENHAM AND ORS v NOWMAN AND ORS

[2001] Lloyd's Rep PN 623

Accountants - Negligent misrepresentation - Provision of information relating to business - Whether any loss suffered.

SARA FROST v JAMES FINLAY BANK LIMITED R G COZENS AND ORS

[2001] Lloyd's Rep PN 629

Bankers - Assumption of responsibility for insurance broker’s advice - Causation - Surveyor’s negligence.

LEEDS & HOLBECK BUILDING SOCIETY v ARTHUR & COLE

[2001] Lloyd's Rep PN 649

Solicitors - Breach of fiduciary duty - Concealment - Section 32 Limitation Act 1980.

MORFOOT v W F SMITH & CO

[2001] Lloyd's Rep PN 658

Solicitors - Limitation - Termination of retainer - Single or continuing breach.

MORTGAGE EXPRESS LIMITED v S NEWMAN & CO (A FIRM) v THE SOLICITORS’ INDEMNITY FUND LIMITED

[2001] Lloyd's Rep PN 669

Part 20 proceedings - Mortgage fraud - Claim for indemnity against SIF - Whether solicitor dishonest.

AYLWEN v TAYLOR JOYNSON GARRETT

[2001] Lloyd's Rep PN 687

Solicitors - Measure of damages - Whether failure to effect a transfer of property causative of loss - Whether fresh evidence should be admitted.

BESWARICK v J W RIPMAN & ORS

[2001] Lloyd's Rep PN 698

Solicitors - Divorce proceedings - Negotiations leading to “clean break” settlement - Breach of duty - Damages.

VICTORIA JANE GRIFFIN (by her next friend SIMON GRIFFIN) v DENISE KINGSMILL AND OTHERS

[2001] Lloyd's Rep PN 716

Solicitors and barristers - Advice as to the prospects of success of a personal injury action - Conflict of evidence - Exercise of judgment in giving advice.

DENNIS HANDS v COOPERS & LYBRAND*

[2001] Lloyd's Rep PN 732

Accountants - Auditors - Action by company creditor - Proximity - Duty of care - Assumption of responsibility - Strike-out.

PATEL & ANOR v DAYBELLS (A FIRM) & ANOR

[2001] Lloyd's Rep PN 738

Solicitors - Conveyancing - Negligence - Acceptance of vendor’s solicitors’ undertaking to redeem subsisting charge.

SHARIF & ORS v GARRETT & COMPANY (A FIRM)

[2001] Lloyd's Rep PN 751

Loss of a chance - Evaluation of lost chance where original claim struck out because fair trial no longer possible - Guidance on court’s approach to evaluation exercise.

BETTY WELDON v (1) GRE LINKED LIFE ASSURANCE LIMITED (2) PARAGON FINANCE PLC

[2001] Lloyd's Rep PN 760

Breach of contract - Insurance - Life assurance policy - Negligence - Duty of care - Insurers to policy holder - Implied terms - Implementation of direct debit mandate - Collection of premiums - Civil procedure - Summary judgment - CPR Part 24 - Abuse of process - Second applications.

(1) DAVID GEORGE BOND (2) ROYAL & SUN ALLIANCE INSURANCE PLC (3) FIRST ASSISTANT GROUP LTD v LIVINGSTONE & CO (A FIRM)

[2001] Lloyd's Rep PN 771

Solicitors - Summary judgment - Negligence - Reliance on counsel not a defence.

OPEN SYSTEMS DESIGN v THE BRITISH MILLERAIN COMPANY LIMITED

[2001] Lloyd's Rep PN 800

Contract to supply computer hardware and software - Nature of express and implied obligations - Breach - Damages - Costs - Indemnity costs.

LIVERPOOL ROMAN CATHOLIC ARCHDIOCESAN TRUST v DAVID GOLDBERG QC (No 3)

[2001] Lloyd's Rep PN 823

Barristers - Expert evidence - Admissibility - Expert witness having close personal relationship with party.

LONGSTAFF & ANOTHER v BIRTLES & OTHERS

[2001] Lloyd's Rep PN 826

Solicitors - Fiduciary duty - Duty of care - Whether a solicitor who had previously acted for the claimant owed him a fiduciary duty and/or a duty of care in relation to a subsequent transaction between the solicitor and the claimant.

PRETTYS (A FIRM) v MICHAEL JOHN CARTER

[2001] Lloyd's Rep PN 832

Barrister - Negligence - Striking out - No reasonable prospect of claim succeeding - Limitation.

(1) QUEEN ELIZABETH’S SCHOOL BLACKBURN LTD (2)-(17) GOVERNORS OF QUEEN ELIZABETH’S SCHOOL BLACKBURN v BANKS WILSON SOLICITORS (A FIRM)

[2001] Lloyd's Rep PN 840

Solicitor - Restrictive covenant - Whether covenant ambiguous - Whether duty to advise as to scope for dispute.

LLR: Professional Negligence