Professional negligence

26 February 2016

Professional negligence claims - requirement for clear advice and terms of engagement

When a client choses to retain the services of a solicitor (or other professional person) they are relying on their specialist expertise to help them get the best possible outcome. A professional has a duty to exercise “reasonable care and skill” when dealing with their clients. A failure to meet this standard, giving rise to a mistake that a reasonable professional person working in the same field would not have made, could give rise to a negligence claim if the client has suffered a financial loss as a consequence of the mistake.

Katherine Pymont

20 August 2014

Legal update: Bank negligent in providing inaccurate reference of player’s creditworthiness to casino

(1) Playboy Club London ltd (2) London Clubs International Ltd (3)Burlington Street Services Ltd v Bianca Nazionale Del Lavoro Lavoro Spa [2014] EWHC 2613

When X arrived in London he applied for a cheque-cashing facility in order to play in the Playboy Club London Limited (“the Club”). The Club sought a reference as to X's creditworthiness. To preserve customer confidentiality, the Club made the request through a related company, the third claimant (S). The reference request was addressed to the manager of Banca Nazionale di Lavoro SPA (“the Bank”). A response, purporting to be from one of the Bank's employees (G), stated that X had an account and was trustworthy to the extent of £1.6 million in any one week. In fact, X's balance had always been nil.

28 May 2014

Artists need to be extra vigilant about tax in the current climate

Gary Barlow and two fellow Take That singers have found themselves in the spotlight this week after a judge ruled the musicians had invested in a scheme designed for tax avoidance purposes. Not only may they have to pay back millions of pounds in tax after the tribunal ruling but they have also suffered considerable reputational damage as a result.


This article first appeared in MusicWeek.

15 October 2013

Professional negligence claims – trends in 2013

According to a provisional report prepared by Lord Justice Briggs, Chancery Division Masters are spending 14% of their time on professional negligence claims involving solicitors compared to 13% on business fraud cases. Ryan Mowat reviews the trends in professional negligence claims so far in 2013. 

Ryan Mowat

15 August 2013

Delay in drafting a Will can amount to professional negligence

Kate Paley discusses a recent case against a solicitor, who delayed in carrying out the testator’s instructions to alter her Will before she died.

Kate Salter

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