32 results
30 Oct 2018 15:18
“Hardwicke is a first division operation with great strength in depth” – Hardwicke achieves excellent results in Legal 500 2018Hardwicke is delighted to report excellent results in the 2018 edition of Legal 500. A new recommendation as a leading set for Insurance and Reinsurance has been added to Hardwicke’s recommendations as a leading set for Construction, Personal Injury, Professional Negligence, Property Litigation and more...
25 Oct 2018 14:22
Four Fundamentals of Limitation Periods in Contract and Tort ClaimsBy Carl Troman, Barrister and Mediator at 4 New Square Four key points for the limitation period for contract and tort claims. Limitation is fiendishly complex – these are some fundamentals for an ‘all-or-nothing’ defence affecting every claim. Primary Limitation The six year limitation period for more...
4 Oct 2018 13:32
Network Rail Infrastructure Ltd v Williams and Waistell Japanese knotweed - who is liable and for how much?The Court of Appeal has recently handed down a decision regarding the encroachment of Japanese knotweed onto Mr Williams’ and Mr Waistell’s bungalows from a Network Rail track. Japanese knotweed costs the UK annually between £160m and £200m and, prior to the Olympic Park being developed, there was more...
28 Aug 2018 08:58
What’s going on with lost litigation claims?Helen Evans of 4 New Square examines the recent authorities looking at negligently conducted litigation, and asks if change is in store when the topic reaches the Supreme Court in late 2018. “Lost litigation” claims arise in an eclectic range of different ways- from a divorcing spouse who has lost more...
7 Aug 2018 10:02
Gambling with liability? The Supreme Court distinguishes Hedley ByrneYesterday, the Supreme Court handed down judgment in the case of Playboy Club London Ltd v Banca Nazionale del Lavoro SPA [2018] UKSC 43. The decision examines the core principles which underpin the imposition of liability for a representation made to a third party, with whom the representor has no more...
6 Aug 2018 08:43
Expert Evidence in Lawyers Liability ClaimsWhat caught my eye about this judgment was the comment about the need for expert evidence to establish breach of duty in a lawyer's negligence case. The claim was always going to be a tall order, alleging negligence by leading firm Leigh Day, which had in turn instructed eminent leading counsel, in more...
26 Jul 2018 08:41
Japanese Knotweed ClaimsIn this article I consider the problems caused by Japanese Knotweed and some of the types of legal claims that can be made, in the light of some recent court decisions. Description Fallopia Japonica is a large herbaceous perennial of the knotweed and buckwheat family Polygonaceae. It has a number of more...
18 Jun 2018 11:41
Valuing Bungled Litigation, Edwards V Hugh James Ford SimeyThe broad principles as to how to value what has been lost from bungled litigation have been established for a long time. In assessing what the claimant has lost through his lawyers’ negligence, most commonly in failing to issue a claim within the limitation period, the court does not attempt to try more...
23 May 2018 16:08
P&P Property Limited v Owen White & Catlin LLP
Dreamvar (UK) Limited v Mishcon de Reya
[2016] EWCA Civ. 1082P&P Property Limited v Owen White & Catlin LLP and Dreamvar (UK) Limited v Mishcon de Reya [2018] EWCA Civ. 1082 were conjoined appeals that raised common issues about the liability of solicitors and estate agents in cases involving identity fraud. In both cases a fraudster (“F”) posed as the owner more...
14 May 2018 11:19
Professional Negligence Claims arising out of GDPRInevitably it will transpire that mistakes will have been made by professionals giving (often very expensive) guidance on GDPR compliance. Their clients will want to consider whether a claim for professional negligence can be made. In this article Neil Hext QC, Stephen Innes and Helen Evans of 4 New more...
28 Mar 2018 09:59
Riaz v Ashwood: The latest decision in a cluster of applications by clients seeking disclosure of their former solicitors’ file.Note by Stephen Innes of 4 New Square. The latest decision in a cluster of applications by clients seeking disclosure of their former solicitors’ file. Hat-tip to my colleague Paul Parker of 4 New Square, who appeared for the successful solicitor. Master James has noted that courts are receiving a more...
19 Mar 2018 11:24
Moonlighting: the latest word on vicarious liabilityThe run of recent appellate decisions on vicarious liability continues in the case of Frederick and others v Positive Solutions (Financial Services) Limited [2018] EWCA Civ 431. On this occasion, the Court of Appeal has decided that a financial adviser was not vicariously liable for fraudulent more...
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