Solicitors mistakes vary in degree of fault, from everyday minor mistakes, such as misspelling a word, to the most serious, such as missing a deadline. But contrary to popular belief, a client is not automatically entitled to compensation when a solicitor has made a mistake, even when the error is grave. To determine if a client can recover damages from his solicitor, regard must be had not only to the degree of fault but also to the consequences of it. As this month’s High Court decision in the solicitor's negligence case of Chweidan v ... Read More >

Claim struck out - solicitors failed to serve Particulars of Claim in time - Defendant applied to strike out claim - order striking out claim - Associated Electrical Industries Ltd v Alstom UK [2014] EWHC 430 Legal claims can be struck out by courts for many different reasons. So can Defences, and parts of Claims and Defences. The consequences of striking out are often serious: a struck out claimant loses the chance of recovering what he or she is claiming, usually a debt or damages and his or her legal costs; a struck out defendant ... Read More >

Raleys Solicitors v Barnaby [2014] EWCA Civ 686 - negligent solicitors - under-settlement of industrial disease VWF claim - negligent advice - no advice about value of services claim - poor advice - wrong advice - damages for lost chance This week the Court of Appeal dismissed an appeal by Raleys Solicitors against an earlier County Court finding that the solicitors were negligent for under-settling a miner’s industrial disease (vibration white finger ‘VWF’) claim. The decision could open the floodgates for similar professional negligence ... Read More >

Claims against solicitors who settled personal injury claims for less than they were worth (“under-settlement”) are on the increase, according a report released earlier this month. Common Mistakes Leading to Under-Settlement The amount of compensation recovered might be too low for a number of reasons: the case settled too quickly the person dealing with the case missed something important the claim was mishandled the claim was not investigated properly it was wrongly valued incompetence the solicitors unlawfully ... Read More >

Solicitor negligence - partnership agreement - drafting error - loss of chance to make profits - lost profits - wasted management time - negligent solicitors - Wellesley Partners LLP v Withers LLP [2014] EWHC 556 (Ch). In a judgement handed down earlier this month, the High Court ordered a firm of solicitors to pay its former client £1.6m in compensation for lost profits. The case concerned a claim for damages for professional negligence against a firm of solicitors for misdrafting a partnership agreement. The Claimant, Wellesley ... Read More >