Professional negligence
Members of 12KBW act for both Claimants and Defendants in most areas of professional negligence including claims involving solicitors' and barristers' negligence; architects', engineers', surveyors' and valuers' negligence; insurance brokers' negligence; auctioneers' negligence; veterinary negligence.
We have been involved in the following interesting cases:
Jarvis Ltd v Blue Circle Ltd [2007] EWHC 1262 (TCC) - decision of Jackson J on the extent of the court’s powers to stay construction arbitrations
Turner & Newell v Royal Sun Alliance and Smith [2002] EWHC 2420 - Construction of EL policies in relation to asbestos disease; claims;
Masterman-Lister v Jewell (2003) 1 WLR 1511 - Definition of a patient under the Mental Health Act 1983 in the context of a claimant who had compromised a personal injury claim and sought to re-open it 15 years later on grounds of mental incapacity at time of compromise;
Merrett v Babb (CA) [2001] QB 1174 - surveyor's negligence;
Holbeck Hall Hotel Ltd v Scarborough Borough Council (CA) [2000] QB 836 - nuisance, occupiers' liability, loss of support;
Knapp v Ecclesiastical Insurance Group Plc [1998] 1 Lloyd’s Rep I.R. 390 (CA) - Date of accrual of cause of action in negligence claim against insurance broker;
Stovin v Wise (HL) [1996] AC 923 - negligence, highway authority's statutory duty for omissions;
Goose v Wilson Sandford (No 2) [2001] Lloyd’s Reports PN 189 - accountant's negligence: alleged fraud, breach of fiduciary duty, constructive trusts;
Banque Bruxelles Lambert SA v Eagle Star Insurance (HL) [1997] AC 191 - measure of damages, surveyor's report;
Holt v Payne Skillington [1996] PNLR 179 - whether duty in tort could be wider contractual duty.