Solicitors Negligence in UK Law
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Saif Ali v Sydney Mitchell & Company
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No matter what profession it may be, the common law does not impose on those who practise it any liability for damage resulting from what in the result turn out to have been errors of judgment, unless the error was such as no reasonably well-informed and competent member of that profession could have made. So too the common law makes allowance for the difficulties in the circumstances in which professional judgments have to be made and acted upon.
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White and Another v Jones and Another
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In my opinion, therefore, your Lordships' House should in cases such as these extend to the intended beneficiary a remedy under the Hedley Byrne principle by holding that the assumption of responsibility by the solicitor towards his client should be held in law to extend to the intended beneficiary who (as the solicitor can reasonably foresee) may, as a result of the solicitor's negligence, be deprived of his intended legacy in circumstances in which neither the testator nor his estate will have a remedy against the solicitor.
Although the categories of cases in which such special relationship can be held to exist are not closed, as yet only two categories have been identified, viz. (1) where there is a fiduciary relationship and (2) where the defendant has voluntarily answered a question or tenders skilled advice or services in circumstances where he knows or ought to know that an identified plaintiff will rely on his answers or advice.
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Forster v Outred & Company
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Mr. Stuart-Smith says that it is any detriment, liability or loss capable of assessment in money terms and it includes liabilities which may arise on a contingency, particularly a contingency over which the plaintiff has no control; things like loss of earning capacity, loss of a chance or bargain, loss of profit, losses incurred from onerous provisions or covenants in leases. They are all illustrations of a kind of loss which is meant by "actual" damage.
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Bell v Peter Browne & Company
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A remediable breach is just as much a breach of contract when it occurs as an irremediable breach, although the practical consequences are likely to be less serious if the breach comes to light in time to take remedial action.
As to failure (a), clearly the damage, such as it may have been, was sustained when the transfer was executed and handed over. At that point Mr Bell parted with title to the house, and he became subject to the practical inconveniences which might flow from his not having Mrs Bell's signature on a formal document.
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Paragon Finance Plc (formerly National Home Loans Corpn Plc) v Freshfields (A Firm)
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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.
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The Civil Procedure (Amendment) Rules 2013
... ... business is regulated by any general orders made under the Solicitors Act 1974 8 , the amount of the costs to be allowed in respect of any such ... any reduction made for contributory negligence ... for the purpose of quantifying fast track trial costs awarded to a ... ...
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Solicitors Act 1957
... ... therefrom ... (4) A provision in the agreement that the solicitor shall not ... be liable for negligence, or that he shall be relieved from any ... responsibility to which he would otherwise be subject as a ... solicitor, shall be void ... Enforcement ... ...
- Legal Aid, Sentencing and Punishment of Offenders Act 2012
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Banking Act 1979
... ... 108(2), Sch. 7 Pt. 1 ... 47: Defence of contributory negligence ... In any circumstances in which proof of absence of negligence on the ... 8 repealed by S.I. 1985/1205, art. 83(3), Sch. 6 ... The Solicitors Act 1974 (c. 47) ... (9) In subsection (1) of section 87 of the ... ...
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The emergence of solicitors’ tortious liability and the award of damages
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...... ... of tortious liability on professional solici-tors and to make a critical analysis of damagesawarded against solicitors for their negligence in pre-paring wills (testamentary disposition) thus causing tobene®ciaries losses recognisable in law.TORTIOUS CLAIMNegligence has been established ... ...
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Testing Times for Lloyd's Auditors: Expert Accountants Step in
In recent years, claims resulting from asbestosis and pollution have resulted in enormous losses by many Lloyd's syndicates. Actions by groups of Lloyd's Names alleging negligence against underwrit...... ... Actions by groups of Lloyd's Names alleging negligence against under-writing agents and syndicate auditors have been launched and ... Expert accountants instructed by solicitors acting for Names are involved in the formulation of claims and in the ... ...
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Subject Index
... ... 389 Advocates inflation, effect of 98 liability for negligence 319 personal injuries 721 Etiquette, rules of 492 Injunctions Solicitors criminal law, and 369 negligence, liability for 207 ... ...
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Professional Negligence And The Quality Of Legal Services–‐An Economic Perspective
... ... In England and Wales, negli- gence by solicitors, who represent the largest group of legal practi- tioners, is subject only to an action for civil liability (unless it is " ... ...
- As Time Goes By - Limitation Decision In Solicitors' Negligence Case
- Solicitors' Negligence When Giving An Opinion Held Not To Be Direct Cause Of The Loss
- Offers You Just Can't Afford To Refuse! Solicitors Negligence - A Cautionary Tale On Mitigation Of Losses
- Professional Liability Online Seminar Series ' Solicitors' And Barristers' Negligence (Video)
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Charging Order; solicitor's costs (s.73 Solicitors Act 1974)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
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Application for solicitor's charging order (s.73 Solicitors Act 1974)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
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Solicitor's Undertaking as to Expenses (rule 34.13(6)(b))
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.... ... (signed) ... Solicitors ... ...
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Court record form
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.... ... 3. Claimant’s Solicitors Defendant’s Solicitors ... (or state if claimant ... ...