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BIRMINGHAM MIDSHIRES BUILDING SOCIETY v INFIELDS (A FIRM)

[1999] Lloyd's Rep. PN 7

Solicitors — Conveyancing — Mortgage lending — Negligence — Breach of fiduciary duty — Solicitor’s honest but mistaken belief that mortgagee had consented to a letting of the security — Limitation — Sections 32 and 14A Limitation Act 1980.

PATEL v HOOPER & JACKSON

[1999] Lloyd's Rep PN 1

Negligence - Surveyors - Building society House Buyer’s Report and Valuation - Negligent overvaluation - Plaintiffs unable to occupy uninhabitable property and living in rented accommodation - Property remaining unsold at date of trial - Correct measure of damages - Consequential losses - Whether plaintiffs entitled to recover damages equivalent to an indemnity for past and future mortgage interest payment and insurance premiums - Whether plaintiffs had failed to mitigate losses by selling property - Whether plaintiffs entitled to general damages for discomfort - Quantum of damages.

BRISTOL & WEST PLC v MAGANIAL NANJI BHADRESA BRISTOL & WEST PLC v BERNARD C MASCARENHAS

[1999] Lloyd's Rep PN 11

Costs - Costs against non-party - Supreme Court Act 1981, section 51 - Actions against defendant solicitors for damages for professional negligence - Defendants indemnified against claim under statutory indemnity scheme - Defences funded from Solicitors Indemnity Fund for substantial period - Cover withdrawn owing to defendants’ dishonesty - Judgments for costs unsatisfied by defendants - Applications against scheme administrator for costs for period when funding action - Whether scheme administrator exposed to such applications - If so, circumstances in which such applications may succeed.

NYCKELN FINANCE COMPANY LIMITED (in administration) v EDWARD SYMMONS & PARTNERS (A FIRM)

[1999] Lloyd's Rep. PN 15

Valuers — Negligence — Admissibility of evidence by valuers who had valued same property as defendants at the same time.

UCB BANK PLC v HEPHERD WINSTANLEY & PUGH (A FIRM)

[1999] Lloyd's Rep. PN 18

Solicitors’ retainer — Second charge — Priority limited — Negligence — Whether claimant or defendant sole cause of loss — Contributory negligence.

WALKER v GEO H MEDLICOTT & SON

[1999] Lloyd's Rep PN 20

Solicitor - Negligence - Intended beneficiary under will - Whether will drafted in accordance with testatrix’s intentions - Whether solicitor negligent in preparation of the will - Whether beneficiary obliged to mitigate loss by seeking rectification of will before suing solicitor for negligence - Section 20 of the Administration of Justice Act 1982.

DARLINGTON BUILDING SOCIETY ABBEY NATIONAL PLC v O’ROURKE JAMES SCOURFIELD & McCARTHY

[1999] Lloyd's Rep PN 33

Limitation - Application to amend after expiry of limitation period - Approach to be taken by the court - Whether amendment sought to add a new cause of action. Solicitors - Negligence - Retainer by borrower and lender - Solicitor retained by two lenders lending to the same borrower - Whether solicitor obliged to disclose to each lender material discovered in the course of the transaction in which the lender was not involved.

BROWNIE WILLS v IAN MEREDITH SHRIMPTON

[1999] Lloyd's Rep PN 39

Negligence - Duty of care - Proximity of relationship - Solicitor for company instructed by bank to obtain guarantees for loan to company and to advise guarantors - Whether owed duty to non-client director giving guarantee.

ARTHUR J S HALL & CO v MELVYN KEITH SIMONS BARRATT v WOOLF SEDDON COCKBONE v ATKINSON DACRE & SLACK HARRIS v SCHOLFIELD ROBERTS & HILL

[1999] Lloyd's Rep PN 47

Negligence - Solicitor - Barrister - Immunity from suit - Abuse of process - Compromise of legal proceedings - Whether and to what extent and in what circumstances a lawyer’s immunity from suit concerning acts and omissions in court extends to acts and omissions taking place out of court - Whether a lawyer is immune from suit where the court approves a consent order - Whether an abuse of process to claim damages for alleged negligence leading to the making of such a consent order.

(1) PHILLIP JOHN SIDDELL (2) CAROL ANN SIDDELL v SMITH COOPER AND PARTNERS (A FIRM) (1) SYDENY RONALD VERDUN FOLLOWS (2) MARLENE FOLLOWS v SMITH COOPER & PARTNERS (A FIRM)

[1999] Lloyd's Rep PN 79

Negligence - Auditors and accountants - Plaintiffs directors and shareholders of company - Defendants the company’s auditors and managing accountants - Plaintiffs had given joint and unlimited personal guarantees - Plaintiffs paid off loan of company in sum of £120,000 by obtaining home loans secured over their matrimonial homes - Company went into administrative receivership and wound up - Application to strike out on grounds that Statement of Claim disclosed no cause of action -Whether defendants owed duty of care to plaintiffs - Whether the alleged breaches of duty were causative of the losses claimed - Whether proposed re amendment arose out of the same facts as those already pleaded.

JOHNSON v GORE WOOD & CO

[1999] Lloyd's Rep PN 91

Rule in Foss v Harbottle - Rule in Henderson v Henderson - Abuse of the process - Estoppel - Plaintiff bringing claim against solicitors after compromise of claim brought against same defendants by company which he controlled - Whether contract of retainer between plaintiff and defendants - Whether duty of care owed - Whether plaintiff could seek damages where company had already received damages - Whether plaintiff should have brought personal claim at same time as company’s claim - Whether claim should be struck out as an abuse of the process - Whether defendants estopped from alleging that claim should be struck out.

CASEY v HUGH JAMES JONES & JENKINS

[1999] Lloyd's Rep PN 115

Solicitors - Claim for personal injuries - Legal aid - Legal aid withdrawn and case dismissed for want of prosecution - Duty of care of solicitors in relation to withdrawal of legal aid - Whether solicitors negligent in failing to advise in respect of the consequences of withdrawal of legal aid or right of appeal or in failing to make representations - Whether plaintiff suffered loss - Whether plaintiff had real or substantial chance of recovering compensation in the personal injuries action.

POZZOLANIC LYTAG LIMITED v BRYAN HOBSON ASSOCIATES

[1999] Lloyd's Rep PN 125

Contract - Insurance - JCT80 clause 21A - Project manager’s duty to ensure adequate insurance provided by contractors.

BIRMINGHAM MIDSHIRES BUILDING SOCIETY v J D WRETHAM AND OTHERS

[1999] Lloyd's Rep PN 133

Limitation - Limitation Act 1980 section 14A - Knowledge required - Knowledge of fault but not fault complained of in action - Same cause of action - Seriousness of known damage.

SADDINGTON v COLLEYS PROFESSIONAL SERVICES

[1999] Lloyd's Rep PN 140

Surveyors - Valuation report - Negligent overvaluation - Loan to husband and wife secured by mortgage - Loan used to repay existing mortgage and for investment in husband’s business - Investment lost. Causation - Foreseeability of risk - Whether consequential losses attributable to the second defendants’ negligence - Application to strike out on grounds that the statement of claim discloses no cause of action.

MOORE v ZERFAHS & OTHERS

[1999] Lloyd's Rep PN 144

Registered insurance broker - Application for mortgage completed dishonestly or negligently - Form overstated husband’s income - Loan to husband and wife secured by mortgage of matrimonial property - Loan used to repay existing mortgage, family company’s debts and investment in company - Company failed - Causation - Foreseeability of risk - Whether consequential losses attributable to the defendants’ negligence - Application to strike out on grounds that particulars of claim disclose no cause of action.

BYRNE AND BYRNE v HALL PAIN & FOSTER (A FIRM) & ORS

[1999] Lloyd's Rep PN 147

Limitation - Surveyor’s report on residential property alleged to be negligent - Whether the cause of action accrued on exchange of contracts or on completion.

UCB BANK PLC v HALIFAX (SW) LIMITED

[1999] Lloyd's Rep PN 154

Civil procedure - Striking out - RSC Ord 25 Rule 1 - Whether 22-month period of total inactivity was “total or wholesale disregard of the rules” - Abuse of process - Limitation - Surveyors - Observations on when cause of action in negligence accrues.

THE MORTGAGE CORPORATION (AN UNLIMITED COMPANY) v HALIFAX (SW) LIMITED AND ANSCOMBE & RINGLAND LIMITED

[1999] Lloyd's Rep PN 159

Valuers - Claim by lender - Over-valuation of property by two separate valuers - Self-certified loan - Negligence - Approach to determining whether over-valuation negligent - Causation - Burden of proof for establishing fact and terms of alternative transaction if non-negligent valuation had been given - Quantum of damages where alternative transaction established - Contributory negligence - Apportionment of liability between valuers.

THE HOUSING LOAN CORPORATION PLC (in administrative receivership) v (1) WILLIAM H BROWN LTD (2) HAWK RESIDENTIAL LTD (formerly HAMPTONS RESIDENTIAL LTD trading as HAMPTONS ROGER CONWAY)

[1999] Lloyd's Rep PN 185

Surveyor’s negligence - Claim for damages by tertiary lending institution - Short-term bridge finance - Breach by lender of internal lending rules - Reliance in circumstances where plaintiff mistaken as to the true basis and meaning of the allegedly negligent misrepresentation - Liability where purpose for which valuation was used was outside the ambit of reasonably foreseeable uses - Contributory negligence - Approach of the Court of Appeal to the appropriate deduction if contributory negligence in fact arises.

SATNAM INVESTMENTS LTD v DUNLOP HEYWOOD & CO LTD & ORS

[1999] Lloyd's Rep PN 201

Fiduciary duty - Disclosure of confidential information. Constructive trusts - Whether party who received information supplied in breach of fiduciary duty and acted on it by purchasing property held that property on trust for the owner of the information - Knowing receipt - Knowing assistance - Account of profits.

PAULINE MARINA OATES v HARTE READE & CO (A FIRM)

[1999] Lloyd's Rep PN 215

Limitation - Solicitors - Action for damages in respect of settlement of ancillary relief proceedings following divorce - Action including claim for anxiety and stress consequent on solicitors’ negligence - Whether action including a claim for personal injuries - Whether action subject to three-year limitation period - Whether leave to amend should be given to delete allegation of anxiety and stress - Sections 11, 35 and 38 of the Limitation Act 1980.

MIDLAND BANK PLC v MESSRS COX MCQUEEN (A FIRM)

[1999] Lloyd's Rep PN 223

Solicitor - Retainer by bank in connection with loan to customer - Nature of obligation owed to bank by solicitor in connection with execution of charge by wife of customer - Construction of solicitor’s retainer - Whether solicitor performed retainer - Whether solicitor in breach of contract and/or negligent - Whether breach of warranty by solicitor.

WOODFORD & ACKROYD (A FIRM) v BURGESS

[1999] Lloyd's Rep PN 231

Negligence - Professional witness - Admissibility of his evidence - Whether judge other than trial judge could determine admissibility of evidence.

PANGOOD LTD v BARCLAY BROWN & CO LTD and BRADSTOCK BLUNT & THOMSON LTD

[1999] Lloyd's Rep PN 237

Policy of insurance underwritten at Lloyd’s - Insured dealing with broker who in turn dealt with Lloyd’s broker - Whether Lloyd’s broker owed the insured a duty to advise it (or its broker) of a warranty in the contract of insurance - Whether delay in providing policy documents by Lloyd’s broker amounted to a breach of duty.

NATIONWIDE BUILDING SOCIETY v BALMER RADMORE (A FIRM) & ORS (INTRODUCTORY SECTIONS)

[1999] Lloyd's Rep PN 241

Solicitor - Conveyancing - Retainer by borrower and lender - Extent of common law and fiduciary duty - Breach of contract - Negligence - Breach of fiduciary duty - Causation - Measure of loss - Contributory negligence - Managed list procedure.

ABBEY NATIONAL PLC v STEPHEN LEONARD FROST and SOLICITORS’ INDEMNITY FUND LIMITED (Intervening)

[1999] Lloyd's Rep PN 301

Service - RSC Order 65, rule 4 - Claim against solicitor for negligence and breach of fiduciary duty - Defendant a sole practitioner believed to be in Thailand - Substituted service - Whether it is a requirement of an order that the document is likely to be brought to the notice of the person to be served - Whether substituted service on SIF should be ordered.

DRAGICA BRICK v COLLEYS PROFESSIONAL SERVICES

[1999] Lloyd's Rep PN 309

Negligence - Valuers - Claim for damages in relation to inspection report - Property alleged to be uninhabitable at time of purchase - Plaintiff exchanged contracts before inspection report - Whether inspection report caused plaintiff to suffer loss - Mortgage advance released after inspection report - Whether arguable case that plaintiff’s losses would have been less had mortgage advance not been made and so had she not completed the purchase of the property.

HARTLE v LACEYS (A FIRM)

[1999] Lloyd's Rep PN 315

Solicitor - Negligent failure to advise on effect of non-registration of restrictive covenant - Whether plaintiff lost chance of making a sale at a price higher than that ultimately achieved - Evaluation of that chance - Whether damages recoverable for distress - Whether damages as interest to be awarded as simple interest or by reference to compound interest in fact paid to plaintiff’s bank - Date to which interest should be awarded.

JENIFER HORSFALL AND VIOLET RUTH POWELL v HAYWARDS (A FIRM)

[1999] Lloyd's Rep PN 332

Negligence - Solicitors - Drafting testamentary instrument - Mitigation of damage - Rectification and whether required - Causation and potential impact of challenge by undue influence claims and Inheritance (Provision for Family and Dependants) Act 1975 application.

NATIONWIDE BUILDING SOCIETY v GOODWIN HARTE

[1999] Lloyd's Rep PN 338

Negligence - Solicitor - Conveyancing - Retainer by borrower and lender - Breach of contract - Breach of fiduciary duty - Causation - Contributory negligence.

NATIONWIDE BUILDING SOCIETY v RICHARD GROSSE & CO

[1999] Lloyd's Rep PN 348

Negligence - Solicitor - Conveyancing - Retainer by borrower and lender - Breach of fiduciary duty - Causation - Contributory negligence.

NATIONWIDE BUILDING SOCIETY v THIMBLEBY & CO

[1999] Lloyd's Rep PN 359

Solicitors - Claim by lender - Deceit - Contributory negligence - Law Reform (Contributory Negligence) Act 1945 - Whether contributory negligence available as a defence to a claim for damages for deceit.

OXFORD UNIVERSITY FIXED ASSETS LIMITED v ARCHITECT’S DESIGN PARTNERSHIP (a firm) AND TARMAC CONSTRUCTION (CONTRACTS) LIMITED (formerly WIMPEY CONSTRUCTION LIMITED)

[1999] Lloyd's Rep PN 376

Contract - JCT80 clause 30.9 - Final Certificate - availability of right of contribution from contractor post-issue.

CORMACK AND CORMACK v WASHBOURNE

[1999] Lloyd's Rep PN 389

Subsidence - Surveyor - RICS Professional Indemnity Collective Policy - insurance cover insufficient - application against insurers - Costs - Section 51 Supreme Court Act 1981.

LR v (1) PHILIP CHARLES WITHERSPOON (2) FREDERICK ORPEN SANDERS (3) PETER JOHN BOSTRIDGE

[1999] Lloyd's Rep PN 401

Solicitor - Negligence - Striking out - Abuse of process - Solicitors failing to issue applications for contact between mother and child expeditiously - Judge treating that delay as being of critical importance in deciding to terminate contact between mother and child - Plaintiff’s action for negligence against solicitors - Whether claim for damages against solicitors involving collateral attack on decision of previous court - Whether abuse of process.

MERCANTILE CREDIT COMPANY LIMITED v FENWICK and Ors

[1999] Lloyd's Rep PN 408

Solicitors - Negligence - Effect of plaintiff’s Notes to Solicitors - Ability of lenders to impose absolute obligations - Obligations of lenders’ solicitors regarding guarantors for whom they do not act.

NATIONWIDE BUILDING SOCIETY v J R JONES (a firm)

[1999] Lloyd's Rep PN 414

Negligence - Solicitors acting for both lenders and borrowers - Failure by solicitors to report back to back nature of transaction and alleged direct payment of 31 per cent of the alleged purchase price - Whether negligent - Whether in breach of fiduciary duty - Whether contributory negligence on part of lender.

NATIONWIDE BUILDING SOCIETY v VANDERPUMP & SYKES

[1999] Lloyd's Rep PN 422

Negligence - Solicitor - Conveyancing - Retainer by borrower and lender - Breach of contract - Breach of trust - Breach of fiduciary duty - Causation - Contributory negligence.

PARAGON FINANCE PLC v FRESHFIELDS

[1999] Lloyd's Rep PN 446

Negligence - Solicitors - Legal professional privilege - Whether waiver implied from bringing the proceedings against the defendants extended to communications between the plaintiffs and different solicitors in relation to proceedings and settlement with third parties.

RYLES v CHAUDRY

[1999] Lloyd's Rep PN 454

Professional negligence - Pensions advice - Advice given and acted on more than six years prior to issue of writ - Application to strike out - When plaintiff had knowledge of relevant facts - Sections 14A and 32 of the Limitation Act 1980 - Whether defendant estopped from asserting that limitation period had commenced when advice acted on.

YATES PROPERTY CORPORATION (in liquidation) v JOHN BOLAND (as representative of Abbott Tout Russell Kennedy Solicitors) AND ORS

[1999] Lloyd's Rep PN 459

Valuation - Compulsory acquisition - Method of determining compensation - Negligence - Solicitors - Standard of care - Solicitor having or professing to have expertise in particular area of law - Whether retaining counsel absolves solicitor from giving advice - Whether solicitor entitled to follow counsel’s advice - Barristers - Whether junior counsel is required to give advice when senior counsel is retained - Immunity from suit - Evidence - Expert evidence - Whether expert evidence on matters of law desirable - Costs - Successful respondent deprived of costs.

CARRADINE PROPERTIES LTD v DJ FREEMAN & COMPANY (A FIRM)

[1999] Lloyd's Rep PN 483

Solicitors’ negligence - Duty to advise - Experienced client - Existence of insurance policy overlooked.

HF PENSION TRUSTEES LIMITED v ELLISON AND ORS

[1999] Lloyd's Rep PN 489

Limitation - Solicitors - Section 14A Limitation Act 1980 - Knowledge of material facts - Effect of ignorance that facts give rise to a claim - Partnership - Liability of incoming partners for earlier negligent acts of a co-partner - Relevance of partnership agreement - Privity of contract - res inter alios acta.

INVESTORS COMPENSATION SCHEME LIMITED v WEST BROMWICH BUILDING SOCIETY

[1999] Lloyd's Rep PN 496

Negligence - Breach of contract - Breach of statutory duty - Misrepresentation - Undue influence - Constructive notice - Restitution - Claims brought by Investors Compensation Scheme as assignees from individual investors and by other individual investors - Equity Release Mortgages and Home Income Plans - Claims for damages and for rescission of mortgages or abatement of sums due - Whether independent financial adviser in breach of contract, in breach of statutory duty and/or in breach of duty of care at common law - Whether independent financial adviser guilty of misrepresentations - Whether independent financial adviser exercised undue influence against individual investors - Whether building society owed duty of care to investors to warn of risks involved in transaction - Whether independent financial adviser was agent of building society - Whether mortgages liable to be set aside as unconscionable bargains or as extortionate credit bargains - Whether building society liable as a joint tortfeasor with independent financial adviser - Extent of restitution which to be made by individual investors as condition of rescission - Whether solicitors in breach of duty to building society - Contribution and indemnity as between building society and solicitors.

NATIONWIDE BUILDING SOCIETY v ARCHDEACONS (A FIRM)

[1999] Lloyd's Rep PN 549

Solicitors - Conveyancing - Negligence - Misrepresentation - Knowledge of earlier purchase price - Causation - Contributory Negligence.

NATIONWIDE BUILDING SOCIETY v BALMER RADMORE

[1999] Lloyd's Rep PN 558

Solicitor - Conveyancing - Negligence - Breach of fiduciary duty - Remortgage - Knowledge of intention not to occupy - Causation - Contributory negligence.

TATE v HART

[1999] Lloyd's Rep PN 566

Solicitors - Wasted costs order - Discharge of legal aid certificate - Reg 82 of the Legal Aid (General) Regulations 1989 - Whether obligation to indicate to other side in litigation fact of discharge of legal aid certificate and basis upon which litigant’s retainer continuing - RSC Order 62, rule 11.

COMPANHIA DE SEGUROS IMPERIO v HEATH (REBX) LIMITED AND ORS

[1999] Lloyd's Rep PN 571

Insurance brokers - Limitation - Whether any limitation period applied to claims for breach of fiduciary duty - Limitation Act, section 32.

ANASTASE EMMANUEL AND ANN EMMANUEL v DBS MANAGEMENT PLC

[1999] Lloyd's Rep PN 593

Agency - Financial Services Act 1988 - Scope of principal’s liability for authorised representative.

JW BOLLOM & CO LTD v BYAS MOSLEY & CO LTD

[1999] Lloyd's Rep PN 598

Insurance brokers - Negligence - Duty to ensure that client was aware of the terms and effect of the policy of insurance - Claim for damages representing chance of making full recovery from the insurers in the event of an insured loss being sustained - Duty to advise client of risk of being under-insured and the meaning of an average clause - Causation - Contributory negligence.

NATIONWIDE BUILDING SOCIETY v ATM ABDULLAH

[1999] Lloyd's Rep PN 616

Solicitor - Conveyancing - Negligence - Sub-sale - Causation - Contributory negligence.

NATIONWIDE BUILDING SOCIETY v LITTLESTONE & COWAN (A FIRM)

[1999] Lloyd's Rep PN 625

Solicitors’ Negligence - Conveyancing - Negligence - Mortgage - Knowledge of recent purchase - Causation - Contributory negligence.

SHAW v FRASER SOUTHWELL (A FIRM)

[1999] Lloyd's Rep PN 633

Solicitors - Negligence - Failure to advise on terms of onerous covenant in underlease - Measure of damages - Date of assessment - Diminution in value - Whether unusual circumstances justifying departure from diminution of value at date of purchase - Whether failure to mitigate loss - Practice - Application for extension of time for leave to appeal from preliminary issue after trial of main action - Trial of main action proceeding on basis of correctness of preliminary issue.

NIGEL JAMES YOUNG AND ORS v (1) ROBSON RHODES (A FIRM) (2) FRANK ATTWOOD

[1999] Lloyd's Rep PN 641

Expert witness - Forensic accountants - Existence and terms of retainer - Entire contract - Merger with investigated firm creating conflict of interest - Repudiatory breach - Remedies - Injunction - Breach of confidence - Undertakings - Injunction - “Chinese Walls”.

BRADFORD & BINGLEY BUILDING SOCIETY v SEDDON (HANCOCK, WALSH & RHODES THIRD PARTIES)

[1999] Lloyd's Rep PN 657

Accountant - Negligence - Striking out - Abuse of process - Accountant sued for giving advice and an indemnity in respect of a loan, but not alleged to have acted on behalf of partnership - Subsequent third party proceedings against the accountant’s partners in a second action alleging that the partner had acted on behalf of the partnership - Whether abuse of process.

ELECTRA PRIVATE EQUITY PARTNERS (A LIMITED PARTNERSHIP) v (1) KPMG PEAT MARWICK (A FIRM) (2) KPMG STOKES KENNEDY CROWLEY (AN IRISH PARTNERSHIP)

[1999] Lloyd's Rep PN 670

Accountants’ negligence - Admission of new evidence under the rule in Ladd v Marshall - Assessment of evidence on contested strike out applications and in actions based on developing areas of law - Test of liability in negligence, whether subjective or objective - Cause of action and issue estoppel.

ETRIDGE v PRITCHARD ENGLEFIELD (A FIRM)

[1999] Lloyd's Rep PN 702

Solicitors - Failure to advise wife of effect of charge on matrimonial home - Whether wife should be permitted at appellate level to amend her case as to the nature of the advice which should have been given - Whether solicitor’s omission to advise was causative of loss.

EUROPE MORTGAGE COMPANY LIMITED v GA PROPERTY SERVICES LIMITED

[1999] Lloyd's Rep PN 709

Valuers - Duty of care to mortgage lender - Scope of duty of care - Whether defendant liable for loss incurred by the claimant on discounted sale of the loan to a third party or whether liability limited to losses suffered on repossession and sale.

WILFRED GORDON GREGORY v SHEPHERDS (A FIRM)

[1999] Lloyd's Rep PN 720

Negligence - Solicitor - Scope of retainer where foreign lawyer instructed - Whether foreign lawyer solicitor’s agent - Damages - Appropriate measure of damages where property purchased subject to a charge - Mitigation of loss by renting out property.

MERIVALE MOORE PLC MERIVALE MOORE CONSTRUCTION LIMITED v STRUTT & PARKER (A FIRM)

[1999] Lloyd's Rep PN 734

Valuers - Claim by development company purchasing property in reliance on assessment by defendants of value of property once developed and price to be paid for property - Negligence -Valuation outside margin of error - Whether requirement on claimant to adduce evidence as to margin of error - Whether obligation on a valuer to provide qualification to opinion or advice as to value of a property.

ABBEY NATIONAL PLC v CLIVE TRAVERS & CO (A FIRM)

[1999] Lloyd's Rep PN 753

Solicitors - Civil Procedure - Conveyancing - Mortgage fraud - Legal professional privilege - Whether legal professional privilege overridden in circumstances where an allegation of fraud was not made against the defendant solicitor - Whether solicitor under a duty to try and discover whether borrower client objected to disclosure - Whether allegation of fraud sufficiently pleaded.

MICHAEL ASTLEY AND ORS v AUSTRUST LIMITED

[1999] Lloyd's Rep PN 758

Solicitor and client - Whether client’s failure to take proper care of own interests amounted to contributory negligence - Client’s loss the very kind protected by solicitor’s duty - Whether duty to exercise reasonable care should be implied as a term of contract between solicitor and client - concurrent liability in contract and tort - Whether award of damages for breach of contract may be reduced under apportionment legislation - Wrongs Act 1936 (SA), section 27A.

CONNOLLY-MARTIN v DAVIS

[1999] Lloyd's Rep PN 790

Barrister - Undertaking given to the court on his client’s behalf - Whether a duty of care owed to his client’s opponent.

CORRINE SUSAN JANE GREEN v (1) COLLYER-BRISTOW (2) MARTIN POINTER

[1999] Lloyd's Rep PN 798

Solicitors - Barristers - Negligence - Standard of care - Causation - Reliance on counsel - Law of Property (Miscellaneous Provisions) Act 1989 - Claim by disappointed spouse alleging negligent advice in ancillary relief proceedings.

HANCOCK v TUCKER

[1999] Lloyd's Rep PN 814

Architects - Negligence - Damages - Whether architect liable in damages for loss of value of property occurring during culpable delay in obtaining planning permission for residential use of the property.

HERITAGE JOINERY (A FIRM) v GERALD KRASNER

[1999] Lloyd's Rep PN 825

Insolvency practitioner - Nominee and eventual Supervisor of Company Voluntary Arrangement - Whether duty of care owed to creditor of company.

RAMESH KUMAR KAPUR v JW FRANCIS & Co

[1999] Lloyd's Rep PN 834

Insurance broker - Negligence - Conflict of evidence - Appeal against finding of fact - Causation.

DOUGLAS MEDFORTH v JAMES PETER BLAKE AND ORS

[1999] Lloyd's Rep PN 844

Receiver and manager of business - Receiver appointed pursuant to charges held by mortgagee - Whether any duty owed to mortgagor with respect to the management of the business over and above a duty of good faith - Whether any duty of care arising in equity - Preliminary issue.

EILEEN ANNETTE WATERS v SARAH RUTH MAGUIRE

[1999] Lloyd's Rep PN 855

Barrister - Negligence - Striking out - Abuse of process - Barrister on the panel of the Free Representation Unit acting on behalf of claimant before an industrial tribunal - Claimant’s subsequent action for negligence against barrister - Whether barrister entitled to immunity from suit - Whether barrister negligent.

A & J FABRICATION (BATLEY) LIMITED v GRANT THORNTON (A FIRM) DOLMANS (THIRD PARTY)

[1999] Lloyd's Rep PN 863

Solicitors - Duty of care - Solicitors appointed by liquidator of company - Whether solicitors owed duty of care to principal creditor of company.

ALLIANCE & LEICESTER BUILDING SOCIETY AND ORS v EDGESTOP LIMITED AND ORS ALLIANCE & LEICESTER BUILDING SOCIETY AND ORS v [CARNAIL] SINGH DHANOA AND ORS ALLIANCE & LEICESTER BUILDING SOCIETY AND ORS v HARJIT SINGH SAMRA AND ORS

[1999] Lloyd's Rep PN 868

Solicitors - Mortgage fraud - Breach of trust - Mortgage guarantee policies - Interim payments - Solicitors Indemnity Rules 1989.

BIRMINGHAM MIDSHIRES BUILDING SOCIETY v INFIELDS (A FIRM)

[1999] Lloyd's Rep. PN 874

Solicitors — Conveyancing — Mortgage lending — Negligence — Breach of fiduciary duty — Solicitor’s honest but mistaken belief that mortgagee had consented to a letting of the security — Limitation — Sections 32 and 14A Limitation Act 1980.

JAMES BROCKLESBY v ARMITAGE & GUEST (A Firm)

[1999] Lloyd's Rep. PN 888

Solicitors — Negligence — Limitation — Concealment — Section 32 Limitation Act 1980.

SUSAN LINDA FINLEY. v CONNELL ASSOCIATES (A FIRM)

[1999] Lloyd's Rep. PN 895

Solicitor — Negligence — Striking out — Abuse of process — Guarantor sued to judgment on basis of valid and binding agreement — Subsequent proceedings against solicitor for negligence including allegation that agreement was invalid — Whether abuse of process — Whether agreement operated to release another surety who had deposited title deeds with claimant.

FNCB LIMITED (FORMERLY FIRST NATIONAL COMMERCIAL BANK PLC) v BARNET DEVANNEY (HARROW) LIMITED

[1999] Lloyd's Rep. PN 908

Insurance broker — No mortgagee protection clause in a fire policy held in names of mortgagor and mortgagee — Whether the failure by the broker to ensure that such a clause was incorporated was negligent — Whether that failure was causative of loss — Whether the claimant should give credit for the sum paid to it under a contingency policy of insurance which provided cover in the event that the primary policy of insurance did not.

GENERAL MEDITERRANEAN HOLDINGS SA v PATEL

[1999] Lloyd's Rep. PN 919

Costs — Solicitors — Wasted costs order — Disclosure of privileged documents in application for wasted costs order — Whether rule of court on disclosure of privileged documents in applications for wasted costs orders ultra vires— Civil Procedure Act 1997, Schedule 1, para 4 — Civil Procedure Rules 1998, rule 48.7(3) — European Convention on Human Rights, Arts 6 and 8.

HIRST v ETHERINGTON AND ANOR

[1999] Lloyd's Rep. PN 938

Solicitors — Undertaking — Whether binding on partnership — Section 5 Partnership Act 1890.

THE MORTGAGE CORPORATION v LAMBERT & CO AND THOMAS ALAN STANBURY

[1999] Lloyd's Rep. PN 947

Surveyor — Negligence — Calculation of loss — Valuation of borrowers’ covenant — Limitation — When loss suffered — Deemed knowledge of loss — Whether lender ought to have obtained retrospective valuation earlier than it did — Limitation Act 1980, section 14A.

TSB BANK PLC v ROBERT IRVING & BURNS AND COLONIA BALTICA INSURANCE LTD (THIRD PARTY)

[1999] Lloyd's Rep. PN 956

Insurance — Joint retainer of solicitors by insurer and insured — Extent of waiver of privilege.

WORBY AND ORS v ROSSER

[1999] Lloyd's Rep. PN 972

Solicitor's negligence — Wills — Testator subject to third party influence and lacking testamentary capacity — Duty of care to beneficiaries under earlier will — Incremental approach to imposition of duty of care where required to avoid injustice caused by gap in the law.

LLR: Professional Negligence