Professional Negligence Solicitor in UK Law

Leading Cases
  • Balogun v Boyes Sutton and Perry (A Firm)
    • Court of Appeal (Civil Division)
    • 21 February 2017

    It seems to me, however, that there is more substance in the second version of the appellant's case under this ground. In the Queen Elizabeth's School case a solicitor was asked to advise the school on the meaning of a restrictive covenant which the solicitor had negotiated. In subsequent legal proceedings in professional negligence against the solicitor the court was not asked to rule on the meaning of the covenant but only on whether there was real scope for doubt as to what it meant.

  • Lillicrap v Nalder & Son (A Firm)
    • Court of Appeal (Civil Division)
    • 29 June 1992

    The waiver can only extend to matters which are relevant to an issue in the proceedings and, privilege apart, admissible in evidence. There is no waiver for a roving search into anything else in which the solicitor or any other solicitor may have happened to have acted for the clients. But the waiver must go far enough not merely to entitle the plaintiff to establish his cause of action but to enable the defendant to establish a defence to the cause of action if he has one.

  • Haward and Others v Fawcetts (A Firm) and Another
    • House of Lords
    • 01 March 2006

    It means knowing with sufficient confidence to justify embarking on the preliminaries to the issue of a writ, such as submitting a claim to the proposed defendant, taking advice, and collecting evidence: 'suspicion, particularly if it is vague and unsupported, will indeed not be enough, but reasonable belief will normally suffice'. In other words, the claimant must know enough for it to be reasonable to begin to investigate further.

    In many cases the distinction between facts (relevant) and the legal consequence of facts (irrelevant) can readily be drawn. There may be difficulties in cases where a claimant knows of an omission by say, a solicitor, but does not know the damage he has suffered can be attributed to that omission because he does not realise the solicitor owed him a duty.

  • Paragon Finance Plc (formerly National Home Loans Corpn Plc) v Freshfields (A Firm)
    • Court of Appeal (Civil Division)
    • 11 March 1999

    A party cannot deliberately subject a relationship to public scrutiny and at the same time seek to preserve its confidentiality. He cannot pick and choose, disclosing such incidents of the relationship as strengthen his claim for damages and concealing from forensic scrutiny such incidents as weaken it. He cannot attack his former solicitor and deny the solicitor the use of materials relevant to his defence.

  • Pickersgill and Another v Riley
    • Privy Council
    • 25 February 2004

    It is plain that when a solicitor is instructed by a client to act in a transaction, a duty of care arises. But it is also plain that the scope of that duty of care is variable. It will depend, first and foremost, upon the content of the instructions given to the solicitor by the client.

  • Allen v Sir Alfred McAlpine & Sons Ltd
    • Court of Appeal (Civil Division)
    • 11 January 1968

    Not only would there be available to him any advice or material which had been given or obtained by his solicitor in support of his case in the dismissed action, but the principle of Armory v. Delamirie would apply and would impose upon the solicitor the onus of satisfying the Court that the plaintiff's claim in the dismissed action would not have succeeded had it been prosecuted with diligence. This would be a heavy onus to sustain after so great a lapse of time.

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Legislation
  • The Insolvency (England and Wales) Rules 2016
    • UK Non-devolved
    • January 01, 2016
    ...... “solicitor” means a solicitor of the Senior Courts and, in ... the name of the relevant recognised professional body which is the source of the supervisor's ... of a liability to pay damages for negligence, nuisance or breach of a statutory, contractual ......
  • Courts and Legal Services Act 1990
    • UK Non-devolved
    • January 01, 1990
    ...... (unqualified person not to act as. solicitor) shall cease to apply in relation to proceedings ... . (b) whether he is a member of a professional or other. body which— . (i) has rules of ...negligence or contract. . (8) The Ombudsman may— . . ......
  • Legal Services Act 2007
    • UK Non-devolved
    • January 01, 2007
  • Access to Justice Act 1999
    • UK Non-devolved
    • January 01, 1999
    ...... on employees who are members of a professional body to. comply with the rules of the body. . ...between solicitor and client) applies, subsection (1) shall not ... from allegations relating to clinical negligence,. . . (b) conveyancing,. . . (c) boundary ......
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Books & Journal Articles
  • The emergence of solicitors’ tortious liability and the award of damages
    • Nbr. 10-4, October 2003
    • Journal of Financial Crime
    • 316-330
    Analyses the emergence of tortious liability on solicitors and the damages awarded against them for negligence in preparing wills, ie testamentary disposition, when this causes losses to beneficiar...
    ...... to inquiries fromhis instructing solicitor while they were walkingback from Westminster Hall ... of tortious liability on professional solici-tors and to make a critical analysis of ... against solicitors for their negligence in pre-paring wills (testamentary disposition) ......
  • REVIEWS
    • Nbr. 19-1, January 1956
    • The Modern Law Review
    Book reviewed in this article: Le Divorce, La Séparation de Corps et Leurs Effets en Droit International Privé Français et Anglais. (Étude de Droit Comparé.) By Peter Benjamin, m.a., ll.b. (Cantab....
    ...... 1 F. A. MA”. PEOFES~IONAI, NEGLIGENCE. By J. P. EDDY, Q.c., with a Foreword by ... just as much as that owed by a solicitor, say, to his client? (And are factory ......
  • Fitness and propriety in financial services in the 21st century
    • Nbr. 8-2, February 2000
    • Journal of Financial Regulation and Compliance
    • 109-117
    ‘Fitness and propriety’ is a key qualifying condition of authorisation under the Financial Services and Markets Bill. Blandly stated, it is probably uncontroversial as a condition of authorisation....
    ...... developed a specialist practice in professional negligence litigation. A major part of this work ...Philip Ryley is a solicitor and Head of the Pensions and Financial Services ......
  • Land Registration and the Decline of Property Law
    • Nbr. , January 2010
    • Edinburgh Law Review
    • 62-79
    ...... especially from the point of view of negligence claims because it is the accepted practice of ... change in registration policy – a solicitor acted in the purchase of a rural cottage to which .... . . . C. . THE PROBLEM OF PROFESSIONAL NEGLIGENCE . We live in a claim-conscious ......
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Law Firm Commentaries
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Forms
  • Out of hours application (Queen's Bench Division)
    • HM Courts & Tribunals Service court and tribunal forms
    Queen's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ...... . . . . Solicitor’s name . . . . . ... being made in compliance with your professional obligations . . . . . ......
  • Chapter CG13030
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... suffered by an individual in a professional capacity such as unfair discrimination, libel or ... D33) - compensation for professional negligence in relation to an action in respect of a wrong or ... receive compensation because his or her solicitor was negligent in allowing a claim to become time ......
  • ADMIRALTY, COMMERCIAL AND MERCANTILE COURT LISTING FORM
    • HM Courts & Tribunals Service court and tribunal forms
    Commercial Court forms including claims and application notices.
    ...... all counsel for each party, or the solicitor in charge of the case if counsel is/are not yet ... . .  professional negligence claims . . .  provision of ......
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