Topic: Professional Negligence

Pead v Prostate Cancer UK & ors [2024] WTLR 667

The claimant applied for a non-party costs order against GWCA Solicitors Ltd (GWCA), which had been joined as the ninth defendant. The application arose out of a claim for the rectification of the will of James Murray McKay deceased (the deceased) or, in the alternative, for a declaration as to the true construction of clause 11 of the will. The will, which had been drafted by a predecessor practice to GWCA, made provision in clause 11 for the division of the deceased’s residuary estate between ‘such of the beneficiaries named in clauses 4.1 to 4.8 inclusive absolutely as shall survive m...

Gosden & anr v Haliwell Landau & anr [2021] WTLR 205

The claimants brought a claim against the first defendant, a firm of solicitors, and against the second defendant, who was a partner in the first defendant firm, for damages for professional negligence in respect of a tax mitigation scheme known as an Estate Protection Scheme (EPS), by which it was intended that a property (the property) owned by the first claimant’s mother (the deceased) would pass on her death to the first claimant, with substantially less Inheritance Tax (IHT) being payable than if the property had been disposed of by will. The property remained registered in the sole...

Badenach & anr v Calvert [2017] WTLR 873

The first appellant was a legal practitioner and a partner of the second appellant, a law firm. The solicitor received instructions from Jeffrey Doddridge (who was 77 years old at the time) to prepare his will, by which the entirety of his estate was to pass to the respondent, Roger Calvert, whom Mr Doddridge treated as his son. Mr Doddridge made no provision for his daughter by his first marriage. She brought a claim under the Testator’s Family Maintenance Act 1912 (Tas) (the TFM Act), and was successful in obtaining a court order that provision be made out of the clients estate. The co...

Bayley & ors v SG Associates & ors [2014] EWHC 782 (Ch)

Mr John Bayley settled property on trust on 17 November 1983. He died in 1987. The trust was established with the assistance of the settlor’s longstanding business associate and friend, Mr Derek Gray, who provided various services to the trust through the first defendant, SG Associates (SGA), a company of which he was a director. From 1998, Mr Gray was also director of a US company known as Clean Diesel Technologies (CDT), which developed, designed, marketed and licensed technologies and solutions for the reduction of emissions from combustion engines. He was also a director of SGA...

Gabriel v Little & ors [2012] EWHC 1193 (Ch)

The 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...

Swain Mason & anr v Mills & Reeve [2012] EWCA Civ 498

The claimants appealed from Arnold J’s decision to dismiss their claim in professional negligence brought against the defendant firm of solicitors. The defendant cross appealed against the judge’s order that the claimants’ pay 50% of the defendant’s costs.

Mr Christopher Swain owned 72.4% of the shares in Swains International plc. By 2006, Mr Swain had withdrawn from full-time management and spent most of his time in Thailand. Mr Swain had a history of ill health, including diabetes and heart disease. Each of his four daughters (who, together with Mr Swain...