Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
The headlines this week around former Deputy Prime Minister Angela Rayner are a reminder of the importance of taking the right advice from appropriate professionals and the potential consequences when such advice is called into question.
In today’s fast-paced world, professional communications increasingly happen over WhatsApp, iMessage, and similar instant messaging apps. While these platforms offer speed and convenience, they also create a risk of information, which would normally be retained on a client file, being lost.
In professional negligence claims, contemporaneous records are often central to a successful defence. It is not unusual for claims to be brought years after work was carried out, and without a complete file of documents, it can be difficult to remember, or evidence, what happened.
In a significant ruling for professional negligence litigators, earlier this year the High Court refused an application for a split trial in Tatiana Soroka v Payne Hicks Beach, a professional negligence claim arising from one of the UK’s most high-profile divorce settlements.
When solicitors are sued in their professional capacity, an important question arises as to whether documentation relevant to the claim remains subject to legal professional privilege.
Jemma Brimblecombe looks at the decision matrix clients must consider if they are minded to bring a professional negligence claim. Sometimes, of course, it is a new adviser who spots past errors and needs to guide a client on the path to take.
Sharon Burkill
Natalie Cohen
Caroline Sheldon
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