i-law.com

HICKS v RUSSELL JONES & WALKER

[2008] Lloyd's Rep PN 1

Solicitors – Duty of care – Preparation for a hearing in the Court of Appeal – Need to obtain leading counsel’s advice – Need for that advice to be obtained promptly – Breach of duty – Causation.

TAYLOR WALTON v LAING

[2008] Lloyd's Rep PN 2

Solicitor Negligence Failure to draft written agreements in same terms as previous oral agreements Abuse of process Re-litigation of matters determined in first action.

SHORE v SEDGWICK FINANCIAL SERVICES LTD AND OTHERS

[2008] Lloyd's Rep PN 3

Financial adviser – Negligence – Breach of statutory duty – Causation – Contributory negligence – Limitation.

KHUDADOS v HAYDEN AND OTHERS

[2008] Lloyd's Rep PN 4

Barrister – Professional conduct – Duty to court – Duty to other party – Whether duty to draw the court’s attention to unfavourable evidence.

BRYANT AND ANOTHER v THE LAW SOCIETY

[2008] Lloyd's Rep PN 5

Solicitor – Disciplinary tribunal – Dishonesty – Correct legal test – Subjective and objective element – Character references – Evidential value.

WATKINS AND ANOTHER v JONES MAIDMENT WILSON

[2008] Lloyd's Rep PN 6

Solicitors – Limitation – Preliminary issues – Whether loss arising from allegedly negligent advice leading to entry into a contract arose on the date of the contract or later – Whether the loss of allegedly valuable termination rights arose when those rights were allegedly waived, or later.

PULVERS v CHAN AND OTHERS

[2008] Lloyd's Rep PN 7

Solicitors – Mortgage fraud – Residential conveyancing – Mortgage lending – Dishonesty – Contribution – Apportionment of liability.

PRITCHARD JOYCE & HINDS v BATCUP & ANOTHER

[2008] Lloyd's Rep PN 8

Barrister – Solicitors – Negligence – Failure to advise of potential claim – Causation – Loss of a chance – Apportionment.

PERKIN AND ANOTHER v LUPTON FAWCETT

[2008] Lloyd's Rep PN 9

Solicitors – Negligence – Negligent drafting of share sale agreement – Causation – Loss of a chance.

RIND v THEODORE GODDARD AND OTHERS

[2008] Lloyd's Rep PN 10

Solicitors – Negligence – Wills – Estate planning – Inheritance tax – Gifts – Duty of care – Residuary beneficiaries – Limitation Act 1980, sections 2 and 14B.

MANCHES LLP v GREEN (TRADING AS GREEN DENMAN & CO)

[2008] Lloyd's Rep PN 11

Breach of contract – Professional negligence – Solicitors – Fees – Unqualified persons – Terms of retainer –Solicitors Act 1974, section 69(2).

RATCLIFFE DUCE & GAMMER v BINNS (TRADING AS PARC FERME) AND ANOTHER

[2008] Lloyd's Rep PN 12

Costs – Employment Tribunal – Procedure – Solicitors – Wasted costs – Principles to be applied – Employment Tribunal Rules of Procedure – Supreme Court Act 1981, section 51.

BLASS v RANDALL

[2008] Lloyd's Rep PN 13

Veterinary surgeon – Negligence – Breach of duty – Pre-purchase examination of a horse – Duty to advise – Duty to record in writing – Pre-purchase certificate.

EARL OF MALMESBURY AND OTHERS v STRUTT & PARKER (A PARTNERSHIP) AND OTHERS

[2008] Lloyd's Rep PN 14

Surveyors – Professional negligence – Negotiation of leases – Measure of damages – Loss of a chance – Commercial advice on rents – Solicitors.

MOORE STEPHENS v STONE & ROLLS LTD

[2008] Lloyd's Rep PN 15

Accountants – Auditors – Negligent failure to detect fraud – Whether fraud of directing mind to be attributed to company – Whether claim barred by company’s participation in the fraud – Ex turpi causa non oritur actio – Causation – Striking out – Summary judgment.

NICHOLSON v KNOX UKIWA & CO AND ANOTHER

[2008] Lloyd's Rep PN 16

Solicitors – Negligence – Failure to advise whether settlement offer included interest – Loss of a chance – Damages.

BRITISH SKY BROADCASTING GROUP PLC AND ANOTHER v VIRGIN MEDIA COMMUNICATIONS LTD AND OTHERS

[2008] Lloyd's Rep PN 17

Civil procedure – Disclosure – Competition law – Confidential information – Parallel proceedings – Disclosure and inspection of commercially sensitive documents – Restricted inspection – Civil Procedure Rules 1998, part 31.

BURKHARD HEDRICH AND ANOTHER v STANDARD BANK LONDON LTD STANDARD BANK LONDON LTD v ZIMMERS

[2008] Lloyd's Rep PN 18

Civil procedure – Costs – Disclosure – Solicitors – Professional conduct – Solicitor’s duties on disclosure – Wasted costs orders – Supreme Court Act 1981, section 51 – CPR Part 48 – CPR Part 31.

PLATFORM FUNDING LTD v BANK OF SCOTLAND PLC

[2008] Lloyd's Rep PN 19

Valuers – Breach of contract – Breach of warranty – Construction of valuation certificate – Whether unqualified obligation to value correct property.

RICHARD BUXTON (SOLICITORS) v MILLS-OWENS

[2008] Lloyd's Rep PN 20

Costs – Solicitors – Duty to carry out instructions – Termination of retainer – Professional conduct – Solicitor’s entitlement to profit costs.

ATTORNEY GENERAL OF ZAMBIA FOR AND ON BEHALF OF THE REPUBLIC OF ZAMBIA v MEER CARE & DESAI AND OTHERS MEER (APPEALS 1708 AND 1709) DESAI (APPEALS 1146, 1751, AND 1752)

[2008] Lloyd's Rep PN 21

Solicitors – Fraud – Trusts – Conspiracy to defraud – Dishonest assistance – Knowledge – State of mind – Vicarious liability – Partnership Act 1890.

DAYMAN v LAWRENCE GRAHAM

[2008] Lloyd's Rep PN 22

Solicitors – Professional negligence – Husband and wife – Duty of care – Conflict of interest – Deception – Breach of duty – Causation – Loss of a chance.

GALLIFORD TRY INFRASTRUCTURE LTD v MOTT MACDONALD

[2008] Lloyd's Rep PN 23

Construction – Engineers – Design and build contracts – Professional negligence – Misrepresentation – Economic loss – Duty of care between non-contracting parties – Whether relationship akin to contract – Disclaimers – Reliance.

LLR: Professional Negligence