BPE Solicitors & anor v Hughes-Holland [2017] UKSC 21

Case report: Khan v MNX [2018] EWCA Civ 2609

Informed consent; clinical negligence; the SAAMCO principle ‘In the event, the Court of Appeal in Khan distinguished Chester on the facts in order to apply the SAAMCO principles to the duty to give informed consent.’ Khan v MNX [2018] is an important decision clarifying that the SAAMCO principle, that losses are only recoverable if they …

Continue reading "Case report: Khan v MNX [2018] EWCA Civ 2609"

This post is only available to members.

Insights by Penningtons Manches: Out of tune or a new refrain?

Clare Arthurs and Nicole Finlayson catch the beat of non-party costs orders ‘Where a non-party does not simply fund the proceedings but substantially also controls or is to benefit from them, justice will ordinarily require the non-party to pay the successful party’s costs.' Non-party costs orders. Seemingly straightforward words, which in Various Claimants v Giambrone …

Continue reading "Insights by Penningtons Manches: Out of tune or a new refrain?"

This post is only available to members.

Remedies: A costly error

Failure to advise clients of risk can have serious financial consequences. David Greene and Dominic de Bono consider a recent equitable compensation claim ‘Jackson LJ held that this was a category 2 advice case, noting that this was not a “conventional conveyancing situation“. While the purchasers had taken the decision to purchase a property in …

Continue reading "Remedies: A costly error"

This post is only available to members.

Construction Focus: Information or advice?

John Starr reports on two recent decisions that have reaffirmed the SAAMCO principle in cases of alleged negligence, highlighting the difference between informing and advising ‘In an attempt to recover their losses, lenders looked to the conveyancing solicitors who had advised on the transactions.’ At a time when interest rates have just increased from 0.25% …

Continue reading "Construction Focus: Information or advice?"

This post is only available to members.