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 the High Court decision in the solicitor's negligence case of Chweidan v Mischcon De ... Read More >
Conveyancing negligence claims – not out of the woods yet
Conveyancing negligence claims - not out of the woods yet Conveyancing negligence claims against solicitors increased dramatically during the post-2008 recession after property prices fell. Now that property prices have recovered in most of England and Wales, it would be natural to assume that the number of claims for negligent conveyancing should fall away to pre-recession levels. Although that is what happened after previous recessions, this time round it may not, as solicitors struggle to cope with a surge in property transactions. During ... Read More >
£270k claim struck out after solicitors miss deadline
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 loses ... Read More >
An expensive mistake – solicitors get lease notice wrong
Commercial lease - business tenancy – break clause – conditions - non-compliance with requirement - tenant’s notice wrong & invalid – tenant’s solicitors drafted and served the defective notice – potential negligence claim by tenant against its solicitors - Friends Life Ltd v Siemens Hearing Instruments Ltd [2014] EWCA Civ 382 Long leases often contain a “break clause” which allows the tenant to end the lease early, usually by giving written notice to the landlord. For example, a 21 year commercial lease may contain a break clause allowing ... Read More >
Negligent solicitors Raleys lose appeal in VWF injury case
![Raleys Solicitors v Barnaby [2014] EWCA Civ 686 - negligent solicitors - under-settlemed industrial disease VWF claim - negligent advice - no advice about value of services claim - poor advice - wrong advice - damages for lost chance](https://cap-law.co.uk/wp-content/uploads/2014/05/vwf-240x160.jpg)
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 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 claims against ... Read More >
Under-settlement of personal injury claims
Claims against solicitors who settled personal injury claims for less than they were worth (“under-settlement”) are on the increase. 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 deducted costs from compensation Reasons For ... Read More >
Accountant negligence? High Court says ‘yes’, Appeal Court says ‘no’.
Mehjoo v Harben Barker [2014] EWCA Civ 358 - accountant negligence - tax advice - sale of shares in business - capital gains tax liability - need for specialist tax planning - generalist accountants - whether providing tax advice on routine matters creates a duty to give specialist tax planning advice The Court of Appeal decision of Mehjoo v Harben Barker [2014] EWCA Civ 358, which was concerned with allegations of accountant negligence in relation to the giving of tax advice, provides helpful clarification of the circumstances in which ... Read More >
Simple drafting mistake costs negligent solicitors over £2m
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 the case of Wellesley Partners LPP v Withers LLP [2014] EWHC 556 (Ch), 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 ... Read More >
Negligent architect’s plans left house with structural problems
Negligent architect - design - plans - renovation - refurbishment - structural problems - remedial works - repair costs - Farrer v Wiles [2013] EWCA Civ 1511 . England’s second highest court, the Court of Appeal, dismissed an appeal by a negligent architect's insurers in which they disputed the amount he was ordered to pay a dissatisfied client. In 2002, Mr Noel Farrer (“the Architect”) was instructed by Mrs Wiles (“the Client”) to prepare plans to redesign the layout of a 200-year old coach house which she had recently bought in Slapton, ... Read More >
Negligent property solicitor avoids liability for large losses
Xenakis - Birkett Long - Negligent Property Solicitor - Restaurant - Lease - Personal Guarantee - Failure to Advise of Risks. In the solicitor's negligence case of Xenakis and Corke v Birkett Long LLP [2014] EWHC 171 (QB) the claimants appeared to have a good claim: the solicitor had been negligent and the court accepted that the claimants had - quite reasonably - incurred substantial costs as a result, which they would not have incurred had the solicitor not been negligent. However, they did not recover their outlay, and the case usefully ... Read More >