Summary of Recent Cases – Substantive Law


SUMMARY OF RECENT CASES – PROFESSIONAL AND CLINICAL NEGLIGENCE

Surveyors Had Negligently Advised As To The Value And Commercial Prospects Of A Factory Outlet Shopping Centre Development

Capita Alternative Fund Services (Guernsey) Ltd & Anor v. Drivers Jonas (A Firm), QBD (Comm), 09/09/11

Eder J held that the defendant surveyors had given negligent advice as to the value and commercial prospects of a factory outlet shopping centre development. Eder J found, inter alia, that the defendant surveyors did not have either the expertise or experience to competently advise as to the development and in taking on the project, they had breached their duty of care to their clients. In considering the measure of damages to be awarded, Eder J held that the claimants were entitled to recover the difference between the value of what they paid for the project and what they would have been paid had they been advised competently and correctly.

Solicitors’ Negligence In Two Minor Respects Found Not To Have Been Causative Of Any Loss To Their Client
Hodge Jones & Allen LLP v. McLaughlin, QBD, 23/09/11

Michael Harvey QC (sitting as a Deputy High Court Judge) allowed the claimant solicitors’ firm’s claim for a sum of money in respect of outstanding fees for legal services provided to its former client, the defendant. The defendant had brought a counterclaim for damages for alleged professional negligence. Harvey QC found that whilst the counterclaim succeeded in part in relation to the claimant’s admitted fault in two minor respects and which faults were negligent, he found that the defendant had failed to prove that either of those failures had caused her any loss. As such, the defendant was awarded nominal damages in contract of £10.00.

October 23, 2011 · Editorial Team · Comments Closed
Posted in: Cases