The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note considers causation and remoteness in professional negligence claims, encompassing the ‘but for’ test (considered in Kuwait Airways v Iraqi Airways), the hypothetical actions of the claimant, defendant and any third parties (Allied Maples v Simmons & Simmons), the SAAMCO principle, as subsequently clarified in BPE Solicitors v Hughes-Holland, and the issue of remoteness, distinguishing between professional negligence claims in contract and remoteness where the claim is in tort.
For guidance on causation and remoteness in contract and tort generally, see Practice Notes:
Causation and remoteness in contractual breach claims
Tort claims—causation in law
Tort claims—causation as a matter of fact
There are three key elements to a professional negligence claim:
first, identify the existence of a duty owed by the professional to the claimant, see Practice Note: Bringing a professional negligence claim based on the duty in contract, tort and equity
second, identify the standard of care expected of such professional and how the professional has failed to discharge this duty (the breach of duty) to the claimant causing them damage, see Practice Note: Standard of care in professional negligence claims
third, establish that the resulting damage suffered by the claimant was both:
caused by the defendant’s breach (causation), and
reasonably foreseeable (remoteness)
In principle, professional negligence claims are subject to the usual general rules of causation and
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
One of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver, which cures a temporary blip in the company's performance, or it may signal the need for more extensive restructuring to come. It will be crucial to check how often the
The ‘handling’ offenceHandling stolen goods is an offence that is triable either way.The elements of the offence are:•dishonestly receiving the goods, or•dishonestly undertaking or assisting in their retention, removal, disposal or realisation by or for the benefit of another person, or arranging to
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.