Conveyancing Fraud 'A Canker on Society'

Our case before the Supreme Court Levi Solicitors LLP has obtained the permission of the Supreme Court to appeal against an order of the Court of Appeal dated 13 September 2018. Hearings in the Supreme Court in civil cases are relatively rare. Last year 85 appeals were heard.  Only cases of the…


Professional negligence FAQ's

What is professional negligence? Professional negligence occurs where a professional fails to perform his responsibilities to the required standard – i.e. the level required of a reasonably competent person in their profession) and their failing has caused you loss.  What type of…


Who is liable in a fraudulent property transaction?

The recent Court of Appeal decision in Dreamvar v Mishcon de Reya [2018] concerned a fraudulent property transaction. The court looked at who should bear the loss when a purchaser loses money in such a transaction. We look at this claim against the conveyancing solicitors involved, and what it…


SAAMCO in action: Professional negligence case update

Last year I wrote about remoteness of loss and the SAAMCO principle. In summary, the SAAMCO principle affects the recovery of damages in a professional negligence case.  It limits recoverable damages to losses which the relevant professional has actually assumed responsibility for.  A recent…


Professional Negligence adjudication scheme included in the pre-action protocol

The amendment to ‘The Pre-Action Protocol for Professional Negligence’ came into force on 30 April 2018. This follows a lengthy pilot scheme offering adjudication of professional negligence claims that were not construction contracts. The Adjudication Pilot for Professional Negligence Claims was…


Professional negligence against solicitors: the importance of a clear retainer

Case update While the vast majority of solicitors act properly and in their clients’ best interests, sometimes clients are unhappy with the outcome of their case. In some cases, this may be reasonable assertion and may give rise to a claim for professional negligence. To be able to recover…


Did the solicitors and barrister undersettle a claim?

Professional negligence case update The recent Court of Appeal case of Joanne Dunhill v W. Brook & Co and Justin Crossley looked at alleged negligence by a firm of solicitors and a barrister. The legal advisers, with the claimant’s instructions, settled her personal injury claim at the…


Will the court allow a change of expert before trial?

Expert evidence is used in many disputes (from personal injury to commercial disputes, property to professional negligence). Experts are there to give their opinion to the parties, and to assist the court when the case involves matters on which it does not have the right technical or specialist…


Litigants in Person – No Special Treatment

The withdrawal of legal aid for most areas of civil law, combined with tightening of the rules concerning no win no fee agreements has caused a perfect storm curtailing access to justice. Litigation is an expensive process and many people simply cannot afford to instruct solicitors without some…


Paying for litigation cases

Litigation can often be an expensive and lengthy process. People are often not aware that paying for litigation costs out of your own pocket is not your only option. A fundamental principle to be aware of in litigation is that ‘the loser pays the winners costs’. This means that should you be…