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

Power of attorney – validity
Wednesday, 12 June 2019
The powers of attorney in a recent case were granted in the context of a share sale, but private client practitioners will benefit from the clarity given by the court on the validity and execution of... Read more...
LeO – VAT and costs information
Wednesday, 12 June 2019
We have reported above that LeO has issued updated costs guidance. Costs complaints often involve disputes above whether VAT was included in the price. The updated guidance states that VAT is often... Read more...
Firm reprimanded – poor language
Wednesday, 12 June 2019
Solicitors are reminded that they are officers of the court at all times and are expected to maintain an appropriate level of courtesy throughout their professional dealings. Read more...
Group action – stays in Liverpool
Wednesday, 12 June 2019
It is interesting to note that the High Court has refused to transfer a multibillion-pound class action from Liverpool to London. The action involves some 200,000 claimants who are suing a mining... Read more...
Fixed recoverable costs – payable if £25k limit exceeded
Wednesday, 12 June 2019
Fixed recoverable costs (FRC) prescribe the amount of damages that can be claimed back from a losing party in civil litigation; they are a way of controlling the legal costs by giving certainty in... Read more...
Section 21 notice – amended form introduced
Wednesday, 12 June 2019
Under Housing Act 1988 an s21 notice gives L an automatic right of possession without having to give any grounds once the fixed term has expired. The notice cannot be used to gain possession during... Read more...
RV – can demand be assumed?
Wednesday, 12 June 2019
To calculate the rateable value (RV) of a property, a valuation officer (VO) must work out what the open market rent would be for the property by applying the rating hypothesis. The purpose is to... Read more...
Proprietary estoppel – successful claim
Wednesday, 12 June 2019
Proprietary estoppel is a remedy which prevents the legal owner of a property from asserting their strict legal right in relation to that property when it would be unconscionable to allow him to do... Read more...
Children – care plans
Wednesday, 12 June 2019
What is the court’s approach where there is an impasse with the LA regarding an important element in a care plan? In this case, the CA found that the trial judge’s invitation to the LA to... Read more...
ET fees – £16m still owing
Wednesday, 12 June 2019
In 2017 the SC ruled that ET fees, introduced by the government in 2013, were unlawful. This was on the basis that they were a barrier to access to the ET, particularly for employees on low incomes. Read more...

Resources

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