Professional negligence claims

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Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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9th Nov
Practice notes
In most torts, where a defendant breaches their duty towards the claimant, they are only liable if the claimant can establish that the breach in...
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Produced in partnership with Laurence Page of Hardwicke Chambers 12th Jan
Practice notes
What is merger in judgment and its relationship with res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the...
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Produced in partnership with Jack Mitchell of Old Square Chambers 12th Jan
Practice notes
This Practice Note considers estoppel by representation and estoppel by convention. For general guidance on what an estoppel is and when it may be...
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Produced in partnership with Nicholas Macklam of Radcliffe Chambers 12th Jan
Practice notes
This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...
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Produced in partnership with Lina Mattsson of Hardwicke Chambers 12th Jan
Practice notes
Right to costs recovery following an interim applicationIt is important to be aware that a party does not have a right to recover the costs it incurs...
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9th Nov
Practice notes
A guide to specific terminology used in this Practice Note is provided—see below section titled ‘Key terms encountered when applying for a winding-up...
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Produced in partnership with Mark Hubbard of New Square Chambers 12th Jan
Practice notes
Coronavirus (COVID-19): when serving documents outside the jurisdiction, this may be affected by the impact of coronavirus on the availability of both...
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9th Nov
Practice notes
This Practice Note considers success fees, a form of fee, which may be payable as a consequence of a successful claim where that claim has been funded...
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9th Nov
Practice notes
This Practice Note discusses contractual estoppel as it has evolved from the decision in Peekay v ANZ Banking Group. For a summary of the key...
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Produced in partnership with Nicholas Macklam of Radcliffe Chambers 12th Jan
Practice notes
Coronavirus (Covid-19): When making applications, these will be affected by the impact of coronavirus, see Coronavirus (Covid-19) considerations...
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9th Nov
Practice notes
As observed by Coulson J in Russell v Stone, ‘standstill agreements have become much more common than they ever used to be’ and yet, as that case...
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9th Nov
Practice notes
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...
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9th Nov
Practice notes
Nuisance claims are recognised in the following way:•private nuisance—interference with the use/enjoyment of land causing injury•public nuisance—an...
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9th Nov
Practice notes
Confidentiality is particularly important in the context of mediation to enable parties to participate fully. Mediations are covered by two different...
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9th Nov
Practice notes
What is allocation?At an early stage in a claim, the court will provisionally allocate the claim to what it thinks is the most appropriate 'track' for...
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9th Nov

Most recent Professional negligence claims content

Practice notes
This Practice Note considers the standard of care in professional negligence claims, originally formulated in Bolam v Friern Hospital as being that of...
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18th Jan
Practice notes
What are damages?The term ‘damages’ refers to any amount of money awarded by a court in order to compensate a claimant who has suffered loss or damage...
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18th Jan
Practice notes
The full title is Practice Direction—Solicitors' negligence in right to buy (transfer of existing and new claims to the Chancery Division and...
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18th Jan
Practice notes
The Pre-action Protocol for Professional Negligence claims was amended with effect from 6 April 2015 (with a further amendment effective 30 April 2018...
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Produced in partnership with Steven O'Sullivan 18th Jan
Practice notes
This Practice Note considers causation and remoteness in professional negligence claims, encompassing the ‘but for’ test (considered in Kuwait Airways...
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18th Jan
Practice notes
This Practice Note considers in detail when damages for loss of a chance (loss of an opportunity damages) may be recoverable, with reference to the...
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Produced in partnership with Anneliese Day QC and Christopher Knowles of Fountain Court Chambers 18th Jan
Practice notes
This Practice Note looks at the limitation period for professional negligence (prof neg) claims and explains how to determine the date of accrual in...
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18th Jan
Practice notes
The Pre-action Protocol for Professional Negligence claims was amended with effect from 6 April 2015 (with a further amendment effective 30 April 2018...
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Produced in partnership with Steven O'Sullivan 18th Jan
Practice notes
Having established the existence of a ‘professional’ who may owe duties to their client, it is then necessary to consider the bases on which such...
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18th Jan
Practice notes
It is not just clients who may be able to bring a claim in negligence against their professional advisers. This Practice Note considers who can be...
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18th Jan
Practice notes
The Pre-action Protocol for Professional Negligence claims was amended with effect from 6 April 2015 (with a further amendment effective 30 April 2018...
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Produced in partnership with Steven O'Sullivan 18th Jan
Q&As
In order to establish what court fee is payable, see Court Fees Schedule from 6 March 2017. Specifically, the amount of fess payable will depend on...
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15th Jan
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [CLIENT PARTNER OR SENIOR PARTNER][NAME OF DEFENDANT ][ADDRESS LINE 1][ADDRESS LINE...
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14th Jan
Practice notes
The general principles applicable in negligence claims cases as to existence and standard of the duty of care, breach, causation and loss, can be...
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12th Jan
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT SURVEYOR][ADDRESS LINE 1][ADDRESS LINE 2][POSTCODE][DATE]Dear...
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Produced in partnership with Steven O'Sullivan 8th Jan
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [APPROPRIATE DIRECTOR][NAME OF DEFENDANT BROKER][ADDRESS LINE 1][ADDRESS LINE...
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Produced in partnership with Steven O'Sullivan 8th Jan
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [HEAD OF BARRISTERS CHAMBERS][NAME OF CHAMBERS][ADDRESS LINE 1][ADDRESS LINE...
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Produced in partnership with Leigh Callaway of Fladgate 8th Jan

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