The following Practice Compliance precedent provides comprehensive and up to date legal information covering:
We recognise there are risks inherent in our practice.
We aim, as far as possible, to have a no-blame culture—we are all capable of making mistakes. There are, however, common causes of negligence claims in the legal profession generally[ and also within this firm].
The purpose of this document is to describe the common causes of negligence claims, both general (section 2) and for different types of work (sections 3–8). This should help all our staff guard against negligence.
Generic causes of negligence claims
Missed time limits, drafting errors, advice on the law and Inappropriate action dominate negligence claims against lawyers, but the root causes of the errors can vary. The table below sets out typical errors, common contributing factors and associated behaviours.
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Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of actingBetween[insert petitioner name]Petitionerand[insert respondent name]RespondentTake notice that we [insert name of firm] have been appointed to act as the
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