i-law

LLR: Professional Negligence

COUNTRYWIDE ASSURED GROUP PLC & ORS v DJ MARSHALL & ORS and AIG EUROPE (UK) LIMITED & ORS (intervening)
[2003] Lloyd's Rep PN 1
Insurance - Limit of indemnity - Pensions mis-selling - Whether a number of claims against assured fell to be treated as a single claim for purposes of limit of indemnity.
CRÉDIT LYONNAIS SA (a body corporate) v RUSSELL JONES & WALKER (a firm)
[2003] Lloyd's Rep PN 7
Lease - Break clause - Solicitors - Scope of instructions and retainer - Duty to advise generally - Negligence - Contributory negligence - Rate of interest on damages.
PRIMAVERA v ALLIED DUNBAR ASSURANCE PLC
[2003] Lloyd's Rep PN 14
Banking and financial services - Damages - claimant advised by defendant on setting up executive retirement plan (“ERP”) to repay loan - defendant gave wrong advice in relation to ERP - claimant unable in 1995 to take tax free lump sum to repay loan because he had not received qualifying salary payments - Whether claimant entitled to loss in value of fund as at 1995 - Whether claimant had to give credit for subsequent increase in value of fund.
FLETAMENTOS MARITIMOS SA v EFFJOHN INTERNATIONAL BV
[2003] Lloyd's Rep PN 26
Solicitors - Counsel - Wasted costs - Principles applicable - Claim for contribution.
ROBERT IRVING & BURNS (a firm) v STONE & OTHERS
[2003] Lloyd's Rep PN 46
“Claims Made” insurance policy - Claim not made until communicated to the insured - Writ issued but not served was not communication.
BELLEFIELD COMPUTER SERVICES & OTHERS v E TURNER & SONS LIMITED AND OTHERS
[2003] Lloyd's Rep PN 53
Architects - Not retained as supervising architect - Fire damage sustained by subsequent occupier - Scope of duty - Whether duty breached.
STEWART BRINN ANDREW JARVIS v RUSSELL JONES & WALKER (a firm) [2002] EWHC 2727 (QB)
[2003] Lloyd's Rep PN 70
Solicitors - Defamation claim - Negligent failure to serve claim form - Loss of chance of recovering damages for libel - Quantum.
COLTON v GRAYSONS
[2003] Lloyd's Rep PN 80
Solicitors - Charge over matrimonial home to secure husband’s business debts - Whether solicitor under duty to advise wife re commerciality of transaction - Causation - Limitation - Deliberate concealment.
THE EQUITABLE LIFE ASSURANCE SOCIETY v ERNST & YOUNG (a firm) [2002] EWHC 112 (Comm)
[2003] Lloyd's Rep PN 88
Auditors’ negligence - Claim arising out of the audit of a mutual - Scope of duty - Causation - Loss of a chance - Claim for loss of ability to sell a business and its assets at a particular point in time - Claim for loss of the opportunity to do so - Claim for bonuses declared.
INDEPENDENT ADVANTAGE INSURANCE COMPANY v THE PERSONAL REPRESENTATIVES OF MICHAEL COOK (deceased) [2002] EWCH 2681 (Ch)
[2003] Lloyd's Rep PN 109
Auditors - Negligence - Duty of care - ABTA and IATA requiring audited accounts of tour operator in connection with provision of bond facilities necessary for renewal of air travel operator’s licence - Defendant auditors submitting audited accounts and claimant granting bond facilities and a loan to the tour operator - Operator subsequently collapsing - Whether defendants owed duty of care to claimant.
McCARROLL v STATHAM GILL DAVIS (A Firm) [2002] EWHC 2558 (QB)
[2003] Lloyd's Rep PN 115
Solicitors - Negligence - Limitation - Loss of Chance - Date on which damage suffered - sections 14A and 32 of the Limitation Act 1980 - When claimant had the knowledge required for bringing the claim.
MRS STARBIBI RAJA (Adminstratrix of the Estate of MOHAMMED SABIR RAJA) v AUSTIN GRAY (A firm)
[2003] Lloyd's Rep PN 126
Whether duty of care owed by surveyors to owner of property when valuing the property for receivers of the mortgagee of the property.
ALEXANDER FORBES EUROPE LIMITED (FORMERLY NELSON HURST UK LIMITED) v SBJ LIMITED
[2003] Lloyd's Rep PN 137
Professional indemnity brokers - Negligence - Duty to notify assured’s claims to underwriter.
HOK SPORT LIMITED (FORMERLY LOBB PARTNERSHIP LIMITED) v AINTREE RACECOURSE COMPANY LIMITED
[2003] Lloyd's Rep PN 148
Arbitration appeal - Architects - Test of damage - Scope of breach of duty - SAAMCO test.
McCARROLL v STATHAM GILL DAVIS (A FIRM) [2003] EWCA Civ 425
[2003] Lloyd's Rep PN 167
Solicitors - Negligence - Limitation - Date on which damage suffered - Sections 14A and 32 of the Limitation Act 1980 - When claimant had the knowledge required for bringing the claim.
(1) GORDON ANGUS McKINNON (2) DELYTH NOLEEN McKINNON v E SURV LIMITED (Formerly known as GA VALUATION AND SURVEY LIMITED)
[2003] Lloyd's Rep PN 174
Surveyor - Valuer - Negligence - Purchase of defective residential property - Assessment of damages - Diminution in value measure - Whether permissible to take account of hindsight when determining true value of property.
SAHIB FOODS LIMITED AND CO-OPERATIVE INSURANCE SOCIETY LIMITED v PASKIN KYRIAKIDES SANDS (A FIRM)
[2003] Lloyd's Rep PN 181
Architects - Negligence - Duty of care - Latent defect - Standard of duty - Knowledge of defendants - Breach of duty - Fire - Contributory negligence - Causation - Causative apportionment of loss rather than percentage reduction.
VALERIE POUNDS v ECKFORD RANDS (A FIRM)
[2003] Lloyd's Rep PN 195
Limitation - Claim in negligence including claim for personal injury - Application to amend to delete personal injury claim - Whether the personal injury claim could be removed by amendment in order to overcome a limitation defence.

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