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Compensation for distress not recoverable in professional negligence claims

We are often asked about whether the distress caused by negligent professionals can be compensated in damages. The answer is almost always ‘no’ and the basis for this has again been set out in a recent case. The judgment also provides some interesting points on case management and when it is too late to amend your claim.

Make sure you have a valid retainer or risk not getting paid

The reported case of Scott -v- Hull and East Yorkshire Hospitals NHS Trust [2014] Ew Misc B53 (CC) highlights the importance of solicitors being able to prove there is a valid retainer between them and their client. Failure to do so is likely to result in a solicitor being unable to recover their costs from their client.

Has time been called on 'smash & grab' adjudications?

Until recently, the Technology and Construction Court had made clear, in judgments such as ISG v Seevic and Galliford Try Building Limited v Estura Limited, that where there has been a “smash and grab” type adjudication in respect of an interim application for payment, there cannot be a subsequent adjudication to determine the merits of that payment application.

Distinguishing between “subject to a written contract” and “subject to contract”

In case some readers think the answer to the above question is a matter of dry academic law with no practical relevance, some £10 million turned, at least in part, on the distinction between those phrases in the case of Anchor 2020 Ltd v Midas Construction Ltd.

How funding can reduce exposure to risk

The costs of litigation can be substantial and the potential costs exposure in the event the claim is lost can be the reason good claims are not pursued. A working example of how funding solutions can reduce a litigant's cost exposure is set out below.

Unfair prejudice petitions

Unfair Prejudice Petitions arise under Section 994 of the Companies Act. The key to Unfair Prejudice Petitions is understanding two core elements.

Kingsley v Kingsley: it’s not all about promises

We’ve reported in the past on proprietary estoppel cases where promises to a son or daughter (or other individual) that they would, in the fullness of time, inherit the farm ultimately proved to be empty. In Kingsley v Kingsley similar levels of anger were felt when a partner in a farming partnership died, leaving his interest to his widow who subsequently wanted to sell the farm that had been in the family for generations.

The Pitfalls of Inadequate Professional Advice

When faced with a legal problem we all want it resolved as soon as possible. Achieving this may depend on who we engage to help us. If professional advisors do not have sufficient and up to date knowledge of all the areas of law that influence a particular matter, one problem may evolve into several others.

Business life cycle: how to start a successful business

People start or buy, businesses for two main reasons: to do something they enjoy, and to make money. Most set off on their new journey full of optimism, seeing opportunities around every corner.

Compliance with specification - is it enough?

It is often argued by contractors with a design responsibility that where they have complied with a prescribed specification set out in their contract, such that their design meets that specification.