Category: Professional Negligence

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Professional Negligence: Solicitors duty to warn of obvious risks

In the Solicitors Disciplinary Tribunal case of SRA v David Hayhurst, the issue of whether a solicitor is under an implied duty to carry out work that is reasonably incidental to the retainer was examined.

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High Court rule service of Claim Form to be ineffective

Piepenbrock v Associated Newspapers [2020] EWHC 1708 is another case concerning where and when service may occur on the Defendant’s solicitors. The facts are similar to the Court of Appeal case of Woodward v Phoenix Healthcare Distribution (which Lexlaw were instructed on). The Claimant, a litigant in person, purportedly served the Claim Form on the last day of its four month validity period via email on the Defendants’ solicitors, who had not confirmed whether they were authorised to accept service. This amounted to a failure to effect service of the Claim Form. Applications to the Court to validate service were refused and the claim dismissed highlighting the dangers of ‘DIY litigation’ and the importance of instructing a specialist litigation team.

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The Doctrine of Legal Precedent: When is a Court decision binding?

The doctrine of precedent is one of the most important features of the law of England and Wales. It is important to understand in litigation when and if a past court decision is binding on subsequent courts. It can mean the difference between winning and losing a case.

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Court of Appeal: Indemnity costs order for “speculative” claims are not constrained by approved costs budget

In Lejonvarn v Burgess and Burgess [2020] EWCA Civ 114, the Court of Appeal have confirmed that the High Court was wrong not to punish the claimants who pursued…

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A Warning to Lawyers in Professional Negligence Claims: Solicitors owe a duty to warn clients of risks

A solicitor is not under a general duty to warn clients about risks relating to matters which fall outside the scope of the client retainer; a potential professional negligence claim exists where there is a failure to warn as to risks which are material to the retainer.

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Peril of leaving (ineffective) service of litigation claim form to the last minute

Summary of the Court of Appeal judgment in case of Woodward & anor. v Phoenix Healthcare Distribution Limited in which Lexlaw represented the Appellants in place of their former solicitors, Collyer Bristow.