Tag: Negligence

The Need to Be Clear: Percy v Merriman White and Professional Negligence

In the recent case Percy v Merriman White and Mayall, the Court of Appeal clarified what must be proved by a contribution claimant to succeed in their contribution claim.

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Bringing Professional Negligence Claims: McClean and Others v Thornhill

The case of McClean and Others v Thornhill sheds light on how those providing advice may now protect themselves based on the technicalities of a disclaimer. Multiple investors…

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Professional Negligence: Supreme Court guidance on valuing the loss of litigation chance

The Supreme Court case of Perry v Raleys Solicitors [2019] UKSC 5 was an opportunity for the Court to consider the correct approach to determining loss of chance…

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FCA expresses “Serious Concerns” over Complex and Highly Risky Contracts For Difference (CFD) Products Mis-sold to Retail Investors

The FCA, following a year-long review, have published a “Dear CEO” letter addressed to firms providing and distributing products in the CFD market to amateur investors. The FCA…

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Court of Appeal grant permission to appeal based on LIBOR and Negligent IRHP Review arguments

The Court of Appeal has allowed WW Property Investments Ltd to appeal against NatWest over mis-sold interest rate derivatives and the negligent conduct of the IRHP review. This landmark decision challenges banks’ redress offers and recognition of consequential losses, encouraging affected customers and SME victims to seek legal advice for potential claims. The ruling could impact limitation periods and existing non-advisory defenses employed by banks, with major implications for financial services litigation and previous IRHP Review outcomes.

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Legal duty to conduct the FCA IRHP Review Fairly – Suremime v Barclays Bank

The High Court has decided that it is arguable that major banks owe duties of care to their SME customers to conduct the FCA Interest Rate Hedging Product…

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Financial Ombudsman Service Decision Not a Bar to Further Court Action

High Court ruling in Clark v In Focus  of assistance to complainants who have accepted a decision via the Financial Ombudsman Service; ruling determines that this in itself…

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Property Fraud: Breach of trust claims against solicitors

There have been a spate of recent cases where conveyancing solicitors acting for lenders may have been honest but these solicitors’ actions resulted in loss of monies through…