Category Avoiding negligence claims

LITIGATORS: WHAT DO YOU DO WHEN THINGS GO WRONG? 10 KEY POINTS

There has been an unusual amount of sympathy today on Twitter for the report of a newly qualified solicitor who was struck off.  The solicitor “had ‘messed up’ on a handful of the 170 cases he was handling and did not seek help from colleagues”. “…there always is a lot to learn. You never can […]

CIVIL LITIGATION REVIEW OF 2016: PROMISCUOUS BUNDLES & THAT CRAZY LITTLE THING CALLED PROPORTIONALITY

This is the third annual review of the year on this blog. 2016, as ever, has been an interesting year.  As ever, a comprehensive review can be found in Herbert Smith Freehills A litigator’s yearbook: 2016 (England and Wales). PREDICTIONS FROM LAST YEAR Proportionality will remain a big (and largely unresolved) issue. The meaning of […]

BEING A LITIGATOR – WHEN IT ALL GETS TOO MUCH (AND IT IS YOU THAT HAS TO PICK UP THE PIECES)

There have been a number of reported cases recently of young lawyers (sometimes trainees) obviously becoming overwhelmed by their workload.  This is not a new phenomenon, nor is it necessarily confined to young members of the profession. However it is always sad: for the administration of justice; for the clients; for the firms involved and […]

I’VE LOST £5 MILLION AND ITS ALL MY SOLICITOR’S FAULT: WHEN THE CLIENT BLAMES YOU FOR THEIR OWN BAD DECISIONS

 This post is unusual in that it deals with a case from a different jurisdiction (Northern Ireland) and a professional negligence action against a conveyancer not a litigator.  However the decision of Deeny J in Eden (NI) Limited -v- Mills, Selig, a Firm [2016] NIQB 71 illustrates some universal issues. A party seeking to blame […]

FRAUDULENT CLAIMANTS AND THE NEED FOR SELF-PROTECTION BY LAWYERS

A report in Litigation Futures last week illustrates the need for “self protection” by lawyers. The headline says it all “Insurance Fraudster who tried to blame his solicitor jailed for 18 months”. “IT WAS ALL MY SOLICITOR’S FAULT” The claimant was jailed for eight months for contempt of court. He, in turn,  sought to blame his […]

SIGNING A STATEMENT OF TRUTH ON BEHALF OF A CLIENT: GET THE WORDING RIGHT

On more than one occasion on this blog we have looked at cases where the courts have questioned the wisdom of a lawyer signing a statement of truth on behalf of a client. In Galdikas -v- DJ Houghton Catching Services Ltd [2016] EWHC 1367 (QB) Mr Justice Supperstone considered an application to strike out a […]

WITNESS EVIDENCE, RELIABILITY AND CREDIBILITY: WHY EVERYONE SHOULD READ GESTMIN (OR FAILING THAT, MY SUMMARY)

I spent the afternoon lecturing to a group of enthusiastic lawyers about the importance of witness statements (and where things can, and do go wrong). I was worried that the enthusiasm  could be waning waning when I took them, in some detail, through the judgment in Gestmin SGPS -v- Credit Suisse (UK) Ltd [2013] EWHC 3560. […]