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"
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Limits of the duty of informed consent; breach of duty; causation ‘The confirmation of the need to satisfy the but for test is consistent with a long line of recent authority.’ In Montgomery v Lanarkshire Health Board [2015] it was held that the doctor must take reasonable care to ensure that a patient is aware …
Continue reading "Case report: Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307"
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Asymptomatic physiological changes; actionable injury; economic loss ‘The claimants (appellants) were negligently exposed to platinum salts by their employer in breach of statutory and common law duty. They developed platinum salt sensitivity, in itself an asymptomatic condition.’ In Dryden v Johnson Matthey plc [2018], Lady Black gave the sole judgment for the Supreme Court allowing …
Continue reading "Case report: Dryden v Johnson Matthey plc [2018] UKSC 18"
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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"
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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?"
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In an article highlighting the key points of a case involving deliberate deceit by a surveyor, Jonathan Brooks explores the principles involved ‘E-mail correspondence abounds and is often of so informal a nature that it is issued without the same level of thought and care that a writer may give to, say, a more formal …
Continue reading "Fraud: When gross negligence is not enough"
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The law, like the property market, does not stand still. Against the backdrop of a market that is rising rapidly in places, Jonathan Brooks and Sandip Singh look at some of the key issues to come out of recent valuation negligence case law ‘As the availability and accuracy of data and resources improve and as …
Continue reading "Valuation Negligence: Boom, bust and back to basics"
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Wills & Trusts Law Reports | April 2013 #128The claimant (Mr Gabriel) and the first defendant (Mr Little) were businessmen and erstwhile friends who had previously collaborated in respect to a project known as Southgate street development in Gloucester. The third defendant (High Tech), the entire share capital of which was owned by Mr Little, was the building contractor. The fourth defendant (BPE), a firm of solicitors engaged by Mr Gabriel, drafted a facility letter recording the terms upon which Mr Gabriel was prepared to make a contribution by way of loan to the cost of the development. In the event, Mr Gabriel was unable to ob...
Recent case law highlights the growing number of claims being brought by lenders against valuers in the downturn. Peter Levaggi investigates ‘Valuers face substantial difficulty in attempting to arrive at a market value in circumstances where very little market exists.’ The volatile property development sector has led to increased pressure on surveyors. The problem arises …
Continue reading "Negligent Valuation: Valuation issues"
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Sam Coulthard and Bryony Pawsey investigate whether lawyers’ opinions on legal capacity continue to have any value following a recent Court of Appeal decision ‘In entering into void transactions, the Bank had received no rights at all under the swaps and had thus lost the full amount advanced.’Prudent contracting parties often seek advice from lawyers …
Continue reading "Contract: Never trust a lawyer"
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