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BALFRON TRUSTEES LIMITED v (1) KARSTEN PETERSON (2) HENRIK ORBEKKER (3) PAUL BAXENDALE-WALKER (4) BJORN SIEDL (5) CRISUM GROUP LIMITED (6) CARSTEN IVERSEN (7) GRUNDBERG MOCATTA (A FIRM) (8) RICHARD STANTON-REID (9) RUSSELL JONES & WALKER (A FIRM)

[2002] Lloyd's Rep PN 1

Solicitors - Liability for employee’s alleged knowing participation in fraud - Principles of Vicarious Liability - Court’s approach on application to strike out.

EASTGATE GROUP PLC v LINDSEY MORDEN GROUP AND ANR

[2002] Lloyd's Rep PN 11

Contribution - Whether vendor of shares sued by purchaser may seek contribution from the purchaser’s accountant.

HOOPER v FYNMORES

[2002] Lloyd's Rep PN 18

Solicitors - Delay in execution of will - Duty to intended beneficiary.

LOCKE v CAMBERWELL HEALTH AUTHORITY

[2002] Lloyd's Rep PN 23

Solicitors - Wasted costs - Whether reasonable to Rely on Counsel’s advice.

NEEDLER FINANCIAL SERVICES v TABER

[2002] Lloyd's Rep PN 32

Pensions and retirement - Damages - Pension misselling - Claim for compensation for pension misselling - Claimant received valuable shares on demutualisation of pension provider - Whether demutualisation benefit to be taken into account when calculating compensation.

BERG, SONS & CO LTD v MERVYN HAMPTON ADAMS AND OTHERS

[2002] Lloyd's Rep PN 41

Accountants - Auditors - Duty of care to company - Duty of care to discount house - Negligence - Failure to verify assets independently - Knowledge of company - Knowledge of sole director and shareholder - Causation - Forseeability of loss - Reliance on audited accounts - Lapse of time since accounting period - Company failure unconnected to negligence.

SUSAN LINDA FINLEY v (1) CONNELL ASSOCIATES (a firm) (2) BERMANS (a firm)

[2002] Lloyd's Rep PN 62

Solicitor - Negligence - Failure to advise client that a premium for change of use could not be demanded - Assessment of damages - Loss of a chance - Whether damages payable net of tax.

MACMAHON & ANOTHER v HAMILTON & OTHERS

[2002] Lloyd's Rep PN 93

Solicitors - Negligence - Measure of damages - Recoverability of damages in respect of loan.

McILGORM v BELL LAMB JOYNSON & ANOTHER

[2002] Lloyd's Rep PN 101

Barristers and solicitors - Advice as to settlement of a personal injury claim - Liability turning on whether the Claimant was personally liable even though the employee had been employed by a limited company - Whether the Defendants’ advice was reasonable.

SMITH & SMITH v PETER NORTH & PARTNERS [2001] EWCA CIV 1553

[2002] Lloyd's Rep PN 111

Surveyors - Structural survey - Negligence - Measure of damages - Whether cost of repairs or diminution in value.

(1) WLADYSLAW BABICKI (2) IRENA BABICKI v ROWLANDS (a firm)

[2002] Lloyd's Rep PN 121

Solicitor - Negligence - Breach of contract - Conveyancing - Limitation - Section 14A Limitation Act 1980 - Material facts about the damage.

BARINGS PLC (in liquidation) AND ANOTHER v COOPERS & LYBRAND AND OTHERS and BARINGS FUTURES (SINGAPORE) PTE LIMITED (in liquidation) v MATTAR AND OTHERS

[2002] Lloyd's Rep PN 127

Accountants - Auditors - Duty of care - Purpose or transaction test - Claim by shareholder - Reflective loss - Strike-out application.

GRAHAM BROWN AND EDWINA BROWN v MAURICE BENNETT AND MICHAEL BENNETT AND OTHERS

[2002] Lloyd's Rep PN 155

Barristers - Solicitors - Wasted costs - Whether wasted costs only available against a party’s own representatives - Whether a barrister only liable for wasted costs when exercising a right of audience - Causation in wasted costs cases.

HURSTWOOD DEVELOPMENTS LTD v MOTOR & GENERAL AND ANDERSLEY & CO INSURANCE SERVICES LIMITED AND ANOTHER

[2002] Lloyd's Rep PN 195

Building and construction - Contribution - Builder sued insurance brokers for failing to obtain insurance which covered cost of remedial works to foundations - Brokers issued Part 20 proceedings against subcontractor which advised on foundations - Brokers and subcontractor liable for same damage within Civil Liability (Contribution) Act 1978 section 1(1).

KOCH SHIPPING INC v RICHARDS BUTLER (A FIRM)

[2002] Lloyd's Rep PN 201

Solicitors - Privileged information - Solicitor acting for a party to litigation and moving to solicitors acting for other party - Whether real risk of disclosure - Injunction.

LLOYDS TSB GENERAL INSURANCE HOLDINGS LIMITED (AND OTHERS) v LLOYDS BANK GROUP INSURANCE COMPANY LIMITED ABBEY NATIONAL PLC v ALAN GODFREY LEE (AND OTHERS) [2001] EWCA Civ 1643

[2002] Lloyd's Rep PN 211

Professional indemnity insurance - Pension mis-selling - Construction of policies - Whether insured entitled to aggregate third party claims for purpose of deductible.

NEWCASTLE BUILDING SOCIETY v PATERSON ROBERTSON & GRAHAM

[2002] Lloyd's Rep PN 223

Solicitors - Application to strike out - Acting for mortgage lender - Delayed default by borrower - Causation and remoteness of loss.

(1) BAXALL SECURITIES LIMITED (2) NORBAIN SDC LIMITED v (1) SHEARD WALSHAW PARTNERSHIP (2) SHAW WHITMORE PARTNERSHIP (3) BIRSE CONSTRUCTION LIMITED (4) FK ROOFING LIMITED (5) FULLFLOW LIMITED

[2002] Lloyd's Rep PN 231

Architects - Imposition of tortious duty for latent defects - Meaning of latent defect - Duty to subsequent occupier of building.

GRAHAM BROWN and EDWINA BROWN v MAURICE BENNETT and MICHAEL BENNETT and others (No 3)

[2002] Lloyd's Rep PN 242

Barristers - Solicitors - Wasted costs - Appropriate orders for costs where a generally successful litigant has lost on some issues - Legal professional privilege - Whether counsel may be asked on a wasted costs application whether he had been aware of particular documents

EZEKIEL v LEHRER

[2002] Lloyd's Rep PN 260

Solicitors - Limitation - Section 32 Limitation Act 1980 - Deliberate concealment - Knowledge of facts forgotten - Reasonable diligence - Summary judgment - CPR Part 24 - Negligence - Duty to advise of solicitor’s own breach of duty.

GRIBBON v CHRISTOPHER ANTHONY LUTTON LUTTONS DUNFORD (A Firm)

[2002] Lloyd's Rep PN 272

Solicitors - Abuse of process - Stakeholder resisting claim for professional negligence on grounds that a decision in interpleader proceedings issued by the stakeholder was wrong.

HOWARD HAGEN & OTHERS v ICI CHEMICALS AND POLYMERS LIMITED & OTHERS

[2002] Lloyd's Rep PN 288

Employment - Transfer of undertaking - Negligent misstatement by transferor to employees - Reliance - Measure of damages.

JOHNSON v (1) EBS PENSIONER TRUSTEES LIMITED (2) GORDON MICHAEL O’SHEA

[2002] Lloyd's Rep PN 309

Solicitors - Abuse of confidence - Whether rescission available for solicitors’ breach of duty

MEDISYS PLC v ARTHUR ANDERSEN (A FIRM)

[2002] Lloyd's Rep PN 323

Accountant’s negligence - Pre-action disclosure - Whether provision of CPR 31.16 satisfied.

BIGGS AND ANOR v SOTNICKS (A FIRM) AND OTHERS

[2002] Lloyd's Rep PN 331

Solicitors - Deceit - Limitation - Limitation Act, section 32.

CHANNON v LINDLEY JOHNSTONE

[2002] Lloyd's Rep PN 342

Solicitor’s negligence - Ancillary Relief Proceedings - Measure of damages - Loss of a chance - Damages for inconvenience and distress.

MICHAEL LEONARD PATRICK HATSWELL v GOLDBERGS (a firm)

[2002] Lloyd's Rep PN 359

Solicitors - Negligence - Loss of a chance - Evaluation of lost chance - Guidance on Court’s approach to evaluation.

MALIK JAVID KHAN v R M FALVEY

[2002] Lloyd's Rep PN 369

Negligence - Solicitors - Conduct of litigation - Struck-out for want of prosecution - Limitation - Time of accrual of cause of action - Time damage suffered - Loss suffered when claim likely to be struck out - Causation - Loss not attributable to negligence.

AUDREY CLARICE PETERSEN (Personal Representative of Marinus Robert George Petersen deceased) v THE PERSONAL REPRESENTATIVES OF CYRIL B. RIVLIN DECEASED

[2002] Lloyd's Rep PN 386

Solicitor’s negligent failure to advise - Client providing indemnity on purchase of house as to litigation with third party - Whether damages within scope of duty.

BARINGS PLC (in liquidation) AND ANOTHER v COOPERS & LYBRAND (A firm) AND OTHERS and BARING FUTURES (SINGAPORE) PTE LIMITED (in liquidation) v MATTAR AND OTHERS

[2002] Lloyd's Rep PN 395

Accountants - Auditors - Representation letters - Deceit - Recklessness - Fraudulent - Materiality - Inducement - Causation - Director - Vicarious liability - Set-off - Circuity of action.

HOLE & PUGSLEY v PENELOPE JANE SUMPTION

[2002] Lloyd's Rep PN 419

Solicitors - Undertaking - Construction - Change of circumstances - Enforcement.

J v OWEN OYSTON

[2002] Lloyd's Rep PN 427

Costs - Costs order in favour of third party - Supreme Court Act 1981, section 51 - Solicitors advising Claimant to obtain Mareva injunction against Defendant - Inquiry as to damages caused by injunction - Solicitors Indemnity Fund agreeing to indemnify Claimant against damages or costs awarded on inquiry - Defendant unsuccessful on inquiry - Whether Defendant could be ordered to pay costs incurred by Solicitors Indemnity Fund in respect of inquiry.

SEGENHOE LTD v AKINS & ORS

[2002] Lloyd's Rep PN 435

Accountants - Auditors - Negligence - Negligent under-provision for taxation and consequent overstatement of profits - Dividend paid by company out of capital - Measure of loss - Whether company had suffered loss - Whether receipt by shareholders of dividend paid out of capital a bar to company recovering that payment from auditors - Mitigation of loss - Whether company should have mitigated loss by suing shareholders to recover overpayment.

BENJAMIN BOAKYE BOATENG v HUGHMANS (A firm)

[2002] Lloyd's Rep PN 449

Solicitors’ negligence - Principles to be applied when Claimant alleges failure to give correct advice.

TERENCE DALY v MARTIN BERNARD HUBNER

[2002] Lloyd's Rep PN 461

Wasted costs - Solicitors - Counsel - Legally aided clients - Section 51 of the Supreme Court Act 1981 - CPR 48.7 - Para 53 of the Costs Practice Direction.

SARA FROST v JAMES FINLAY BANK LIMITED

[2002] Lloyd's Rep PN 473

Bankers - Assumption of responsibility for Insurance Broker advice - Causation - Amendments of statements of case during trial.

MICHAEL GERSON (INVESTMENTS) LTD v HAINES WATTS (SLOUGH) AND ORS

[2002] Lloyd's Rep PN 493

Solicitors - Strike out - Causation - Whether damage within scope of duty of care - Tax saving scheme.

HILTON v BARKER BOOTH & EASTWOOD

[2002] Lloyd's Rep PN 500

Solicitors - Negligence - Breach of fiduciary duty - Solicitor acting for both parties to transaction - Duty to communicate to one party relevant information concerning other party obtained under earlier retainer.

HURST v LEEMING

[2002] Lloyd's Rep PN 508

Barristers - Costs - Whether a successful party should be deprived of his costs by reason of a refusal to mediate the claim - Circumstances to be taken into account in the exercise of the Court’s discretion.

DAVID LESLIE MOY v PETTMAN SMITH AND ANOTHER

[2002] Lloyd's Rep PN 513

Barristers - Settlement of a case at the door of the Court - Whether counsel’s assessment of the prospect of obtaining permission for further medical evidence was negligent - Whether the advice given was negligent in any event - Counsel’s duty in researching cases.

BICC LTD v CUMBRIAN INDUSTRIAL LTD & OTHERS [2001] EWCA Civ 1621

[2002] Lloyd's Rep PN 526

Building and construction - Contribution proceedings - Same damage - Whether costs form part of contribution.

FIRSTCITY INSURANCE GROUP LTD v (1) ORCHARD (A Firm) (2) STEVEN GEE QC

[2002] Lloyd's Rep PN 543

Barrister - Negligence - Litigation - Point of construction - Reasonableness of advice - Solicitors - Negligence - Litigation - Reasonableness of advice - Reliance on counsel’s advice.

GANDESHA v NANDRA

[2002] Lloyd's Rep PN 558

Solicitors - Wasted costs - Principles applicable - Case dependent upon client’s credibility.

SHIRLEY ANN BOWIE v SOUTHORNS (A FIRM) [2002] EWHC 1389 (QB)

[2002] Lloyd's Rep PN 564

Solicitors - Failure to explain extent of “all monies” charge - Date of knowledge required for bringing an action for damages - Limitation Act 1980, section 14A.

B v RICHARD PENDELBURY and ASSOCIATED NEWSPAPERS LIMITED

[2002] Lloyd's Rep PN 575

Solicitors - Wasted costs - Whether appropriate where evidence complex.

PROSSER v CASTLE SANDERSON SOLICITORS (A FIRM) AND ANOTHER

[2002] Lloyd's Rep PN 584

Solicitors - Insolvency practitioners - Duty of care owed by nominee of IVA - Negligence - Causation - Loss of a chance.

KOCH SHIPPING INC v RICHARDS BUTLER

[2002] Lloyd's Rep PN 604

Solicitors - Privileged information - Solicitor who has acted for a party to litigation moves to solicitors acting for other party - Whether those solicitors should cease to act because of real risk of disclosure of confidential information.

LLR: Professional Negligence