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Dispute Resolution Law Blog

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

22 February 2016

Is it “reasonable” to apply for further financial provision under the 1975 Act?

On 12 February 2016, the Central London County Court dismissed a claim brought under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”) for further financial provision to be awarded to a widow out of a deceased’s estate. The claim was brought by Thandi Wooldridge, whose husband died in 2010.  

Laura Phillips TEP

17 February 2016

Legal update: Court of Appeal considers 'without prejudice' in claim involving litigant-in-person

Suh and another v Mace (UK) [2016] EWCA Civ 4
The Court of Appeal has heard a case which examines the applicability of “without prejudice” privilege in relation to two meetings which took place between a claimant litigant-in-person and the defendant’s solicitor.

 

Mark Fallmann

11 February 2016

Legal update: football club defends appeal case on the pitch

Gartell & Son v Yeovil Town Football & Athletic Club Ltd [2016] EWCA Civ 62

The Appellant – a partnership specialising in ground works to sports fields – appealed a decision of the Court firstly to dismiss its claim for payment under a contract with the Respondent football club and secondly to allow the Respondent’s entire counterclaim.
 

4 February 2016

Legal update: Professionals beware of your duty of care when providing gratuitous services

Burgess v Lejonvarn [2016] EWHC 40 (TCC)

The High Court has provided another cautionary judgement to professionals of all disciplines. It ruled that a duty of care is owed in spite of no contract being in existence and no remuneration provided.

The Defendant, a professional architect and designer, was approached by her friends and former neighbours (the Claimants) to help landscape their garden. An initial quote from another landscape gardener had previously been provided in the region of £150,000 plus VAT which was deemed too expensive. The Claimants therefore engaged the Defendant to arrange a team of professionals and coordinate the work.

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