The case of Dalamd Limited v Butterworth Spengler Commercial Limited  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.
Often these onerous clauses are deep within the small print of contracts and may not be picked up by a lay person. Individuals are reliant on their conveyancing solicitors to flag these clauses and advise them accordingly, so they can make informed decisions about how, and whether, to proceed with the purchase.
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.
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.
Last month the High Court in Denning v Greenhalgh Financial Services Ltd  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.
In the recent case of DB UK Bank Limited (t/a DB Mortgages) -v- Jacobs Solicitors  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.
The pilot scheme for adjudication in professional negligence claims, first introduced in February 2015, has recently been relaunched. For parties to professional negligence disputes, the scheme is an alternative to Court for the resolution of the claim, or particular issues within it.