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Professional Negligence

The Correct Approach to Causation in Broker Negligence Claims

The case of Dalamd Limited v Butterworth Spengler Commercial Limited [2018] EWHC 2558 (Comm) deals with the sadly not uncommon scenario where an insurer declines cover under a policy and the insured, almost inevitably, looks for someone to blame. Often the spotlight falls on the insurance broker either with regard to the placing of the risk or the handling of the claims process. 

Unhappy with your litigation solicitor? Factors to consider when choosing your new dispute resolution lawyer and transferring your case.

At Loney Stewart Holland our specialism in bringing and defending solicitor professional negligence cases has given us substantial first-hand experience of the practical issues arising from a breakdown in the solicitor client relationship. 

Do I Have to Mediate?

If you are involved in litigation, you may well have been advised to consider attempting to resolve the dispute by mediation. The Court rules require parties to consider alternative dispute resolution, such as mediation, and indeed solicitors have a duty to advise their clients about it.

Professionals’ Duty of Care to Clients: The Importance of the Retainer

Last month the High Court in Denning v Greenhalgh Financial Services Ltd [2017] EWHC 143 (QB) considered the scope of the duty of care owed by a professional to its client. In striking out the claim against a pensions advisor the Court provided a useful reminder of the “signal importance” of the retainer and the limited circumstances in which the Court might be willing to extend a professional’s duty beyond those terms.  

Court Confirms Part 36 Offers Reject Earlier Without Prejudice Offers

In the recent case of DB UK Bank Limited (t/a DB Mortgages) -v- Jacobs Solicitors [2016] EWHC 1614 (Ch) the High Court confirmed that making an offer under Part 36 of the Civil Procedure Rules has the effect of rejecting an earlier common law offer, meaning it is no longer capable of acceptance.