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HILTON v BARKER BOOTH AND EASTWOOD

[2007] Lloyd's Rep PN 1

Solicitors – Negligence – Solicitors acting for both parties to a transaction – Duty to inform one party that unable to act.

POPAT v BARNES

[2007] Lloyd's Rep PN 2

Barristers – Negligence – Failure to point out direction omission to trial judge – Lucas alibi direction.

PICKERSGILL v RILEY

[2007] Lloyd's Rep PN 3

Solicitors – Commercial transactions – Leases – Duty of care – Homme d’affaires – Jersey.

JOHN MOWLEM CONSTRUCTION PLC v NEIL F JONES & CO

[2007] Lloyd's Rep PN 4

Solicitors – Whether solicitors were under a duty to advise in relation to professional indemnity insurance in respect of claim.

POLLEY v WARNER GOODMAN & STREAT

[2007] Lloyd's Rep PN 5

Solicitors – Procedure – Time bar – Tort of negligence – Order extending time – When damage suffered by reason of order extending time – Limitation Act 1980.

MARKS AND SPENCER GROUP PLC v FRESHFIELDS BRUCKHAUS DERINGER

[2007] Lloyd's Rep PN 6

Solicitors – Takeover – Injunction on solicitors acting against client – Conflict of interest – Confidentiality – Degree of relationship between two transactions.

WHITE v PAUL DAVIDSON & TAYLOR

[2007] Lloyd's Rep PN 7

Solicitors – Negligence – Damage – Causation – Litigation – Whether negligence affected entitlement to fees for work done – Whether counterclaim for damages sustainable – Whether solicitors entitled to rely on the manner in which the opponent’s case was pleaded – Failure to advise – Negligently giving incorrect advice – Housing Act 1985 – Housing Act 1988.

SLATTERY v MOORE STEPHENS

[2007] Lloyd's Rep PN 8

Chartered accountants – Negligence – Tax advice – Breach of duty – Causation – Contributory negligence – Damages.

WILLIAMS v FANSHAW PORTER & HAZELHURST

[2007] Lloyd's Rep PN 9

Solicitors – Negligence – Breach of duty – Time bar – Deliberate concealment of fact relevant to right of action – Limitation Act 1980.

MARSH v SOFAER

[2007] Lloyd's Rep PN 10

Solicitors – Mental incapacity – Duty to ascertain sufficient mental capacity – Application to strike out – Implied term – Whether breach of duty of confidence for the solicitor to communicate the views of the solicitors under that retainer to the solicitor under a retainer to conduct the defence to criminal proceedings – Whether it could be implied in the circumstances of the case that the claimant’s permission for such a communication had been or would be granted.

SPESHAL INVESTMENTS LTD v CORBY KANE HOWARD PARTNERSHIP LTD (TRADING AS HBSV)

[2007] Lloyd's Rep PN 11

Firm of valuers – Valuation of property – Commercial valuation – Negligence – Contributory negligence.

SHARPE v ADDISON (TRADING AS ADDISON LISTER)

[2007] Lloyd's Rep PN 12

Solicitors – Negligence – Loss of chance – Contributory negligence – Quantum – Level of lost earnings.

MOFFATT v BURGES SALMON

[2007] Lloyd's Rep PN 13

Solicitors – Evidence – Findings of judge – To what extent findings of judge binding on other parties – Limitation Act 1980

THE EQUITABLE LIFE ASSURANCE SOCIETY v BOWLEY

[2007] Lloyd's Rep PN 14

Non-executive directors – Civil Procedure Rule 24.2.

HATTON v MESSRS CHAFE

[2007] Lloyd's Rep PN 15

Solicitors – Time bar – Tort of negligence – Delay – Application to strike out for want of prosecution.

DANIELS v THOMPSON

[2007] Lloyd's Rep PN 16

Solicitors – Estate tax planning advice – Statute bar – Limitation Act 1980.

ITEM SOFTWARE (UK) LTD v FASSIHI

[2007] Lloyd's Rep PN 17

Directors – Fiduciary duty – Duty of disclosure – Duty of loyalty – Good faith – Entitlement to salary after dismissal – Apportionment Act 1870.

GOLDSTEIN v LEVY GEE

[2007] Lloyd's Rep PN 18

Estate agents – Share valuers – Accountants – Whether a professional valuer warranted a result or the use of skill and care in the valuation – Margin of error – Bracket – True value.

HAWARD v FAWCETTS

[2007] Lloyd's Rep PN 19

Accountants – Financial advice – Negligence – Statutory limitation – Extent of knowledge required – Section 14A Limitation Act 1980.

DIXON v CLEMENT JONES

[2007] Lloyd's Rep PN 20

Solicitors – Accountants – Claim struck out for failure to serve – Loss of opportunity.

ASTEA (UK) LTD v TIME GROUP LTD

[2007] Lloyd's Rep PN 21

IT services Contract to provide customer support Repudiation Reasonable time to perform obligations under the contract.

EQUITABLE LIFE ASSURANCE SOCIETY v ERNST & YOUNG

[2007] Lloyd's Rep PN 22

Accountants – Duty of care – Causation – Limits of legal consequences of negligence or of legal responsibility for negligence – Civil Procedure Rules 24.2

RE COLT TELECOM GROUP PLC

[2007] Lloyd's Rep PN 23

Insolvency practitioners – Valuation – Reliance on valuation – Duty of expert witnesses – Conflict of interest – Part 35 of the Practice Direction – Code of Guidance on Expert Evidence of the Working Party of the Civil Justice Council – Duty of experts.

BROWNING v BRACHERS

[2007] Lloyd's Rep PN 24

Solicitors – Negligence – Assessment of loss – Assessment of claim where liability and amount of damages that would have been recovered were in dispute.

J J COUGHLAN LTD v RUPARELIA

[2007] Lloyd's Rep PN 25

Solicitors – Fraud – Tort of deceit – Breach of Escrow Agreement – Sections 5 and 10 Partnership Act 1890.

GREYMALKIN LTD v COPLEYS

[2007] Lloyd's Rep PN 26

Solicitors – Conveyancing – Property subject to undiscovered charges – Duty of solicitor to advise – Causation – Measure of damages – Extrication costs.

KARLING v PURDUE

[2007] Lloyd's Rep PN 27

Expert witnesses – Immunity – Criminal case – Medical evidence – Post-mortem – Whether investigation intimately connected to criminal proceedings.

EARLS TERRACE PROPERTIES LTD v NILSSON DESIGN LTD

[2007] Lloyd's Rep PN 28

Damages – Negligence of architect – Delay of project – Delayed release of funds “held” in project – Whether recoverable – Whether defendant entitled to benefit or credit for market movement – Appropriate or “notional” rate.

LUKE v KINGSLEY SMITH & CO

[2007] Lloyd's Rep PN 29

Solicitors – Negligence – Failure to prosecute – Whether “same damage” – Civil Liability (Contribution) Act 1978.

EUROPEAN INTERNATIONAL REINSURANCE CO LTD v CURZON INSURANCE LTD SEDGWICK LTD SEDGWICK UK RISKS LTD SEDGWICK OS LTD MARSH USA INC

[2007] Lloyd's Rep PN 30

Insurance (liability) – Brokers – Breach of duty – Reinsurer claiming right to avoid policy of reinsurance for non-disclosure – Brokers joined as Part 20 defendants – Application to set aside order joining other brokers in same group of companies – Whether other brokers voluntarily assumed responsibility for placing reinsurance.

PHILIPS v SYMES

[2007] Lloyd's Rep PN 31

Witnesses – Experts – Duties to the court – Immunity – Cost orders against non-parties – Cost orders against witnesses – Whether the proceedings were flawed because the witness had not been given warning that his evidence might found the basis for the present claim – Civil Procedure Rule 35 – Civil Procedure Rule 48.2.

HARWOOD v TAYLOR VINTERS

[2007] Lloyd's Rep PN 32

Solicitors – Conveyancing – Negligence – Whether advice should have been provided in writing.

STONE HERITAGE DEVELOPMENTS LTD v DAVIS BLANK FURNISS

[2007] Lloyd's Rep PN 33

Solicitors – Conveyancing – Scope of duty – Whether duty breached

PHILLIPS & CO v WHATLEY

[2007] Lloyd's Rep PN 34

Solicitor’s and barrister’s negligence – damages – loss of a chance of pursuing a personal injury claim – prospects of success in the personal injury claim – prospects of successful recovery from insurers.

AL-RUBY v QUIST SOLICITORS

[2007] Lloyd's Rep PN 35

Solicitors’ negligence – Failure to serve claims within time causing loss of actions – Claim for damages for value of lost actions – Additional claim for the recovery of costs paid to defendant solicitors and to other solicitors in trying to resurrect the claims – Strike out on basis no reasonable prospect of showing that the failure to progress the action had caused any loss – Appeal of strike out dismissed.

WHITEHEAD AND ANOTHER v SEARLE AND ANOTHER

[2007] Lloyd's Rep PN 36

Solicitors – Barrister – Negligent conduct of a clinical negligence action – Claimant in underlying action committed suicide – Application to strike out underlying action for want of prosecution – Action settled at an undervalue – Whether negligent delay in prosecuting claim – Whether actionable damage before claim liable to be struck out – Whether negligence in failing to join new parties after death of claimant – Whether negligence in advising on settlement.

LLR: Professional Negligence