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COUNTRYWIDE ASSURED GROUP PLC & ORS v DJ MARSHALL & ORS and AIG EUROPE (UK) LIMITED & ORS (intervening)
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.
[2003] Lloyd's Rep PN 1
CRÉDIT LYONNAIS SA (a body corporate) v RUSSELL JONES & WALKER (a firm)
Lease - Break clause - Solicitors - Scope of instructions and retainer - Duty to advise generally - Negligence - Contributory negligence - Rate of interest on damages.
[2003] Lloyd's Rep PN 7
PRIMAVERA v ALLIED DUNBAR ASSURANCE PLC
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.
[2003] Lloyd's Rep PN 14
FLETAMENTOS MARITIMOS SA v EFFJOHN INTERNATIONAL BV
Solicitors - Counsel - Wasted costs - Principles applicable - Claim for contribution.
[2003] Lloyd's Rep PN 26
ROBERT IRVING & BURNS (a firm) v STONE & OTHERS
“Claims Made” insurance policy - Claim not made until communicated to the insured - Writ issued but not served was not communication.
[2003] Lloyd's Rep PN 46
BELLEFIELD COMPUTER SERVICES & OTHERS v E TURNER & SONS LIMITED AND OTHERS
Architects - Not retained as supervising architect - Fire damage sustained by subsequent occupier - Scope of duty - Whether duty breached.
[2003] Lloyd's Rep PN 53
STEWART BRINN ANDREW JARVIS v RUSSELL JONES & WALKER (a firm) [2002] EWHC 2727 (QB)
Solicitors - Defamation claim - Negligent failure to serve claim form - Loss of chance of recovering damages for libel - Quantum.
[2003] Lloyd's Rep PN 70
COLTON v GRAYSONS
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.
[2003] Lloyd's Rep PN 80
THE EQUITABLE LIFE ASSURANCE SOCIETY v ERNST & YOUNG (a firm) [2002] EWHC 112 (Comm)
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.
[2003] Lloyd's Rep PN 88
INDEPENDENT ADVANTAGE INSURANCE COMPANY v THE PERSONAL REPRESENTATIVES OF MICHAEL COOK (deceased) [2002] EWCH 2681 (Ch)
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.
[2003] Lloyd's Rep PN 109
McCARROLL v STATHAM GILL DAVIS (A Firm) [2002] EWHC 2558 (QB)
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.
[2003] Lloyd's Rep PN 115
MRS STARBIBI RAJA (Adminstratrix of the Estate of MOHAMMED SABIR RAJA) v AUSTIN GRAY (A firm)
Whether duty of care owed by surveyors to owner of property when valuing the property for receivers of the mortgagee of the property.
[2003] Lloyd's Rep PN 126
ALEXANDER FORBES EUROPE LIMITED (FORMERLY NELSON HURST UK LIMITED) v SBJ LIMITED
Professional indemnity brokers - Negligence - Duty to notify assured’s claims to underwriter.
[2003] Lloyd's Rep PN 137
HOK SPORT LIMITED (FORMERLY LOBB PARTNERSHIP LIMITED) v AINTREE RACECOURSE COMPANY LIMITED
Arbitration appeal - Architects - Test of damage - Scope of breach of duty - SAAMCO test.
[2003] Lloyd's Rep PN 148
McCARROLL v STATHAM GILL DAVIS (A FIRM) [2003] EWCA Civ 425
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.
[2003] Lloyd's Rep PN 167
(1) GORDON ANGUS McKINNON (2) DELYTH NOLEEN McKINNON v E SURV LIMITED (Formerly known as GA VALUATION AND SURVEY LIMITED)
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.
[2003] Lloyd's Rep PN 174
SAHIB FOODS LIMITED AND CO-OPERATIVE INSURANCE SOCIETY LIMITED v PASKIN KYRIAKIDES SANDS (A FIRM)
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.
[2003] Lloyd's Rep PN 181
VALERIE POUNDS v ECKFORD RANDS (A FIRM)
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.
[2003] Lloyd's Rep PN 195