26 July 2011 | Justine Ash
Currently, a claimant (be it a person or an entity) who wishes to fund their civil litigation case has the following options:-
(i) Conditional Fee Agreement (CFA/”no win, no fee”) where the “success...
Tags on this discussion: CFAs; No win no fee; ATE; Legal Aid Sentencing and Punishment of Offender's Bill
22 June 2011 | Jonathan Sachs
Last October we reported on a case where a valuer was held to owe a duty of care to a purchaser on a buy-to-let property in respect of a valuation provided to the lender not the purchaser. The valuation...
Tags on this discussion: bank banks buy-to-let duty of care Professional Negligence Valuation
4 April 2011 | Jane Anderson
Introduction
In the recent Court of Appeal case of Sousa –v- Waltham Forest London Borough Council [2011] EWCA Civ 194, the Court considered whether a claimant was entitled to recover a success...
Tags on this discussion: ccfa CFA Court of Appeal indemnity Insurance success fee
23 February 2011 | Jane Anderson
Introduction
In the recent Court of Appeal case of Haugesunde Kommune and another –v- Depfa ACS Bank (2011) EWCA Civ 33, an appeal was allowed which overturned an order against Norwegian Solicitors...
Tags on this discussion: foreseeable loss negligent advice Professional Negligence restitution SAAMCO scope of duty
14 January 2011 | Justine Ash
The definition of an expert witness is a witness who by virtue of their education, training, knowledge and professional expertise is more specialised in a particular subject beyond that of the average...
Tags on this discussion: Expert Witness Immunity; Professional Negiligence; Litigation; Stanton v Callaghan; Negligent Opinion; Experts
26 October 2010 | Jonathan Sachs
Is a valuer liable for any losses incurred in respect of its rental valuation as well as its valuation of the capital value of a property?
In March, this year the court held that a valuer had breached...
Tags on this discussion: appeal banking banks capital value contributory negligence negligence Professional Negligence rental value valuer
1 June 2010 | Faiza Ahmad
£30,000, £40,000, £75,000, £100,000 – significant amounts of money? Yes and these are all examples of the legal costs people across the country have recently spent on fighting boundary disputes...
Tags on this discussion: boundaries boundary disputes garden disputes neighbour disputes
20 May 2010 | Richard John |
An investigation carried out by a London law firm has revealed a huge rise in the number of professional negligence claims brought over valuations of residential and commercial properties in 2009.
The...
Tags on this discussion: banks building societies Commercial Developer Commercial Property Estate Agent Mortgage repossession Professional Negligence Residential Developer residential property surveyors
12 March 2010 | Amanda Melton
Ever been forced to argue an unrealistic case ("doomed to disater" or "bound to fail") to conclusion by a client who seems to have lost the plot? An article in the Law Society's Gazette (3 March 2010,...
Tags on this discussion: Court of Appeal Lord Dyson Solicitors Code of Conduct solicitors retainer