Professional Negligence News

This was not just a case about a failure to spot, and draw attention to, certain defects that one might expect to be picked up on a HomeBuyers’ survey. It was about a failure by the surveyor to convey to the clients (i) the limitations of the protection that the survey afforded them, because there

Supreme Court Judgment handed down on 15 January 2021 in the FCA Test case. The proceedings have been brought by the Financial Conduct Authority (the “FCA”) under the Financial Markets Test Case Scheme (the “Scheme”) pursuant to an agreement made with eight insurance companies to resolve issues of general importance on which immediately relevant and

Arch Insurance (UK) Ltd (Appellant) v Financial Conduct Authority and others (Respondents) PNLA members Fenchurch Law are holding a webinar to discuss the decision on Thursday, January 21, 2021, 11:00 AM Register to attend

GUIDELINE HOURLY RATES WORKING GROUP REPORT FOR CONSULTATION JANUARY 2021 Should the recommendations be accepted? –  response required by 31 March 2021 Respond to the consultation online CJC link here   Some thoughts from Katy Manley: The stated methodology itself is contradictory and the logic flawed to the extent that the rates proposed in paragraph

Click here for link to 4 New Square Professional Liability Update: 2020 year in review by Helen Evans, Ben Smiley, Pippa Manby and Ian McDonald Overview The core issues considered in the most important professional negligence cases of 2020 cover five main themes, as follows: The practical consequences of the broad policy-based test laid down in recent

Pradeep Oliver can be contacted on 01892 515121 PNLA registration The scheme has been subject to Court proceedings brought by the Insolvency Service resulting in the winding up of five connected companies: Westcountrytruffles Limited; Truffle Sales Limited; Viceroy Jones New Tech Limited; Viceroy Jones Overseas PCC Limited; Credit Free Limited. A non-party costs order was

In a judgment dated 1 December 2020 Mr Justice Jay reviews the case law regarding the liability of barristers and debates the view in Jackson & Powell at paragraph 144: ‘One aspect of the jurisprudence that requires some attention is the difference between mistakes, errors of judgment, and negligent errors. The authors of Jackson &

Further to the ‘leapfrog’ applications for appeal filed by the FCA and 6 insurers in October, the Supreme Court has now granted the applications, and listed the matter to be heard from 16-19 November 2020. Link to full article https://www.fenchurchlaw.co.uk/covid-19-bi-update-supreme-court-to-hear-appeal-on-16-19-november-2020/

The background facts arise from the purchase by Ms Maria Grondona from Mr CL Mitchell of a flat with the benefit of a mortgage from Birmingham Midshires in October 2002. ‘The mortgage advance was procured by fraud. The respondent dishonestly misrepresented on the mortgage application form that the sale from Mitchell to the respondent was

PNLA Members are invited to respond to the Civil Justice Council with data about the hourly rates awarded at detailed assessments or otherwise claimed or agreed. The invitation email from Mr Justice Stewart of 28 August 2020 is set out in full below. Please feel free to share this email with your members/colleagues to enable