The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Tort

Negligence – causation?

The principle set out in Donoghue v Stevenson was that a manufacturer owes a duty to the end user to take reasonable care to ensure that the produce (in that case, ginger beer) will not cause personal injury to the user. That principle was later extended to include damage to property. The key point to note here is the word ‘cause’ – what we lawyers term causation.

Subscribers only...
 

Negligence – second valuation

A first valuation takes place, followed by a second valuation, at which time the first loan is discharged, and replaced by a second loan. The current state of the law means that if the second valuation is negligent, the lender will only have a claim against the valuer if the first valuation was also negligent. This seems a strange and undesirable outcome, but this is the risk that a lender takes on a refinancing. Specifically:

Subscribers only...
 

Occupiers’ liability – visitor

The trend over the last decade has been to limit the liability of occupiers to visitors who are injured by low-risk hazards. But, a recent High Court decision shows that liability can attach.

Subscribers only...
 

Nuisance – injunction?

A year ago, in Lawrence [2014], the Supreme Court adopted a considerably more flexible stance on whether an injunction or damages should be granted against a nuisance (in that case, noise from a nearby racetrack). 

Subscribers only...
 

Defamation – website

The Defamation Act 2013 contains two new defamation defences for website operators.

Subscribers only...
 

Snow and ice – liability

This winter’s snow and ice raised obvious questions as to the obligation to clear away snow and ice from commercial premises that are open to members of the public. 

Subscribers only...
 

Breach of trust – damages

As we have previously noted, claims by lenders against conveyancing solicitors were traditionally framed as negligence claims. Now, however, the lender will do everything it can to structure it as a breach of trust claim.

Subscribers only...
 

Valuation – margin of error

The High Court has recently reconfirmed that the ‘permissible margin’ of error in a negligent valuation case will be 5% for a ‘standard’ residential property and 10% for a ‘one-off’ property. 

Subscribers only...
 

Conveyancing – breach of trust

Claims by lenders against conveyancing solicitors were traditionally framed as negligence claims. Now, however, the lender will do everything it can to structure it as a breach of trust claim.

Subscribers only...
 

Negligence – insolvency practitioners

The recession has led to a marked growth in the amount of work for insolvency practitioners (IPs), and that in turn has led to a growth in negligence claims against them. But, it is difficult to win such a claim:

Subscribers only...
 
  • «
  •  Start 
  •  Prev 
  •  1 
  •  2 
  •  Next 
  •  End 
  • »


Page 1 of 2

Most-read articles

Disputed will – guidance; procedure
Wednesday, 13 February 2019
What should you do if asked for correspondence and other documents in relation to a will you prepared for a client who has since died?  Read more...
MoJ – IT meltdown
Wednesday, 13 February 2019
Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts.  Read more...
Statutory notices – service
Wednesday, 13 February 2019
The SC has widened the scope of the service of statutory notices. Read more...
Part 36 offers – appropriate
Wednesday, 13 February 2019
Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may... Read more...
Noise nuisance – liability?
Wednesday, 13 February 2019
A recent High Court decision has confirmed that L is not liable for nuisance caused by its T merely because L does not take steps available to prevent the cause of the nuisance, even when L knows... Read more...
RICS – service charges
Wednesday, 13 February 2019
We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019. Read more...
Notice of severance – rectification?
Wednesday, 13 February 2019
A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed. Read more...
Children – parental responsibility; removal of
Wednesday, 13 February 2019
In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR.  Read more...
Incompetence – not discrimination
Wednesday, 13 February 2019
The CA has held that an incompetent process does not amount to discrimination. Read more...
Sentencing – contempt of court
Wednesday, 13 February 2019
The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case.  Read more...

Resources

IAG International
In House Lawyer
Join the IBA now!
MSI Global Alliance
www.totallylegal.com