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It has been reported that a recent negligence claim that was a result of a false entry on the Law Society’s “Find A Solicitor” has failed to be struck out. Continue reading →
It has been reported that a recent negligence claim that was a result of a false entry on the Law Society’s “Find A Solicitor” has failed to be struck out. Continue reading →
If you are considering a professional negligence claim, there are a number of things outside of financial considerations you might want to think about before proceeding.
This is because winning your professional negligence claim and ensuring maximum financial compensation may not necessarily be the overriding imperative.
For example, in many cases preserving and nurturing relationships may be of at least equal importance to securing settlement. Fortunately, however, it does not have to be an either/or situation; sometimes it may be possible to preserve the fundamentals of a successful relationship while also ensuring financial settlement from the professional’s indemnity insurer.
One thing that professional negligence solicitors must do if they are to avoid potential liability for professional negligence claims is to follow the correct protocols.
Yes, even professional negligence lawyers sometimes come a cropper themselves and if protocols are not followed they risk incurring cost penalties or having cases thrown out before they are even able to reach court.
Fortunately, for any professional negligence lawyer worth his or her salt, the procedures are clearly laid out in the various pre-action protocols which were introduced by the Civil Procedure Rules (CPR) of 1998.
Bircham Dyson Bell, a London-based law firm that “provides creative, practical and cost effective solutions”, has instructed RPC to fight its corner in a property professional negligence claim brought by Harding Homes.
Although precise details of the property professional negligence claim remain undisclosed at the early hearing stage, Harding Homes styles itself as a property company that specialises in “fast buying” of properties from people who are in danger of having their houses repossessed, usually because of acute financial difficulty.
A survey has revealed that property professional negligence claims are behind more cases of professional negligence litigation against legal firms than any other type of claim.
According to the survey, one of the major reasons for this is the growth in conveyancing “factories”, which have abounded ever since the introduction of the Legal Services Act 2007. This piece of legislation was revolutionary in that it allowed non-lawyer firms to provide legal services. However, it has clearly come at a cost, with unqualified conveyancers thought to be behind a high number of property professional negligence claims.
As with every other area of the law, in the specialism of professional negligence litigation it is sometimes possible for the vexatious litigant to rear its head.
The truth of the above statement was recently underlined at the High Court where a judge issued a civil restraint order against a retired solicitor and her 88-year-old mother. The move came following numerous instances of vexatious professional negligence litigation being taken out by the woman and her mother.
International law firm Bird & Bird has been told it must pay £1.8m in property solicitor professional negligence compensation as a result of its failure to inform a client of the development of property adjacent to the one it planned to purchase; a development which would have had a negative impact on the value of the purchased property.
The claimant, Orientfield Holdings Ltd, began the professional negligence claim in relation to its attempted purchase of a property in St John’s Wood, North London, for £25m.
Sony Pictures Entertainment has failed in an attempt to have a professional negligence claim against it thrown out.
The claim, which is being brought by nine ex-employees, relates to the high-profile cyber attack that hit the studio in the wake of its release of The Interview, a film about an assassination attempt on North Korea’s leader, Kim Jong-un.
The judge in the US court said that the claimants were free to pursue their allegations that Sony Corporation had been professionally negligent in failing to ensure adequate security from cyber “hack” attacks.
There are concerns that the pension reforms which came into effect in April 2015 could lead to an increase in pensions advice professional negligence claims, with this prospect causing considerable anxiety among the financial advice community.
Unfortunately, despite the fact that reforms were designed to give people more freedom and flexibility with their pensions, there is plenty of evidence to suggest that pension providers are failing to allow this to happen.
The Court of Appeal has dismissed the solicitor negligence claim of an international businessman in a case that has its origins in instructions given to a London-based legal firm in 2007.
It is reported that the claimant hoped to make significant profits by investing in solar electricity initiatives in the Greek Islands but instead made losses of nearly £10 million, for which he blamed the advice of his solicitors.