Professional Negligence Solicitor in UK Law

Leading Cases
  • Balogun v Boyes Sutton and Perry (A Firm)
    • Court of Appeal (Civil Division)
    • 21 Feb 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 Jun 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.

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

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

  • Haward and Others v Fawcetts (A Firm) and Another
    • House of Lords
    • 01 Mar 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.

    p. 38, demonstrate that the concepts of causation (dependent on knowing what is factually usual) and reprehensibility (central to the concept of breach of duty) are conceptually distinct, although on the particular facts coincident.

  • Birkett v James
    • House of Lords
    • 25 May 1977

    If it were a matter which the judge ought to take into account in deciding whether to dismiss the action, the court upon an interlocutory application in an action between different parties would have to embark upon what in effect would be the trial of an action by the plaintiff against his actual or former solicitor for professional negligence.

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Legislation
  • Solicitors Act 1974
    • UK Non-devolved
    • January 01, 1974
    ...... . II . Professional Practice, Conduct and Discipline of Solicitors and Clerks Part II . ...solicitor shall not be liable for negligence, or that he shall be. relieved from any responsibility to which he would ......
  • 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 ......
  • Companies Act 2006
    • UK Non-devolved
    • January 01, 2006
    ...... in connection with any alleged negligence, default, breach of duty or breach of trust by ... act on advice given by him in a professional capacity. . (3) A body corporate is not to be ... (c) that he is a barrister, advocate or solicitor called or admitted in any part of the United ......
  • Solicitors Act 1957
    • UK Non-devolved
    • January 01, 1957
    ...... II . Professional Practice, Conduct and Discipline of Solicitors and Clerks Part II . ...be liable for negligence, or that he shall be relieved from any. responsibility to which he would ......
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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...
    ...... paper is to analyse theemergence of tortious liability on professional solici-tors and to make a critical analysis of damagesawarded against citors for their negligence in pre-paring wills (testamentary disposition) thus causing ......
  • 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 ......
  • Legal Remedies for the Negligent Expert
    • Nbr. 12-2, April 2008
    • International Journal of Evidence & Proof, The
    How should the legal system respond when someone who has provided evidence in their capacity as an expert is perceived to have done so negligently? The question is considered in the context of both...
    ...... both as a means of penalising past negligence, and of preventing future negligence. Keywords ... roles of the courts, experts’ professional bodies, and expert membership bodies. Under ... or through a contract with a solicitor. Secondly, there are tortious duties, ......
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Law Firm Commentaries
  • Congratulations To Tom Sedley On His Qualification As A Solicitor
    • Mondaq UK
    ......I cover the whole range of disputes from complex clinical. negligence claims to contractual disputes to personal disputes. I. may specialise in ......
  • Professional negligence: conveyancers on both sides of a property purchase found liable to a defrauded buyer
    • JD Supra United Kingdom
    In Purrunsing v. A'Court & Co (a firm) and House Owners Conveyancers Limited (2016) EWHC 789 (Ch) Judge Pelling QC in the Chancery Division of the High Court held that both the buyer's and sell...
    ...... (2016) EWHC 789 (Ch) Judge Pelling QC in the Chancery Division of the High Court held that both the buyer's and seller's conveyancing solicitors were jointly liable to the Claimant buyer for a breach of trust arising out of a property fraud, for which they were not entitled to relief under ......
  • 'Appearances Matter'
    • Mondaq United Kingdom
    ......The issues. How far is the claimant's solicitor obliged to investigate the availability of BEI? . ...Those concerned with solicitors' professional indemnity insurance will welcome the Court of ... against his solicitor in professional negligence. . In Callery v Gray consideration of an ......
  • English Court Corrects Error In Foreign Will Despite Significant Delay
    • Mondaq UK
    ...... Patrick had seen a solicitor in County Kildare who drafted his Will in 2010. ...He also issued a professional negligence claim in Ireland against the solicitor ......
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