Category Professional negligence,

“SECOND HAND” SIGNATURES WILL NOT DO -“PRE-SIGNING” THE STATEMENT OF TRUTH? – NOT A GOOD IDEA

This blog has covered the importance of the statement of truth on many occasions.  However the issues revealed in the Solicitors Disciplinary hearing in SRA -v- Jackson reveals a remarkably insouciant approach to the statement of truth. THE CASE The respondent is a solicitor. It was alleged that he had served an amended Particulars of […]

PROVING THINGS 33: CAUSATION AND THE BURDEN OF PROOF IN CLAIMS AGAINST SOLICITORS

We have looked before at the decision in The Connaught Income Fund, Series 1 -v- Hewetts Solicitors  [2016] EWHC 2286 (Ch). The previous post was in connection with witness evidence.  However the judgment on the burden of proof is significant in terms of the need to prove causation and damages in the context of a professional negligence […]

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 […]

BANQUO’S GHOST NOT AT THE FEAST: WHEN A KEY WITNESS IS NOT CALLED – THE INFERENCES A COURT WILL DRAW

There is an interesting discussion of the role of the “absent witness” in the judgment today of Mr Justice Kerr in O’Hare -v-Coutts & Co [2016] EWHC 2224 (QB). There are dangers in a party not calling someone who is clearly a key witness in a case. The presence of relevant documents is not a […]

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 […]

PROVING THINGS 26: DISTINGUISHING BETWEEN WHAT YOU CAN REMEMBER AND WHAT YOU NOW THINK YOU DID

There have been a large number of posts on this blog about witness evidence, in particular the way that the courts assess the accuracy of evidence.  A surprising number of these have been in the context of clinical negligence claims.  Another example of the difficulties concerned can be seen in the judgment of Sir Alistair […]

WITNESS EVIDENCE, RECOLLECTION,RECONSTRUCTION AND CLINICAL NEGLIGENCE

There were eighteen (factual and expert) witnesses in the trial in Dr Sido John -v- Central Manchester and Manchester Children’s Hospitals NHS Foundation Trust [2015] EWHC 407 (QB).  However, ultimately, the case on liability rested rested on which lay witness the judge accepted as accurate.  It is one of a tranche of recent cases that […]