& REPORTED CASES PROFESSIONAL NEGLIGENCE - SIGNIFICANT

PROFESSIONAL NEGLIGENCE - SIGNIFICANT & REPORTED CASES 10 Jan, 2014

SIGNIFICANT & REPORTED CASES Jo h n G rime s P artn e rs h ip L td v Walte r G u b b in s [2 0 1 3 ] EWCA Civ 3 7 On 5th February 2013 the Court of Appeal (Laws LJ, Tomlinson LJ, Sir David Keene) handed down judgment in John Grimes Partnership Ltd v Walter Gubbins and upheld the decision below, that a consulting engineer was liable to pay damages to a developer for the diminution in the market value of a development whose completion had been delayed by the engineer's breach of contract. The Court of Appeal held that the loss had been reasonably foreseeable as not unlikely to result from the breach at the time of contract, that market conditions had not been exceptionally volatile, and there was no basis to displace the standard approach to remoteness. The Court emphasised that the conventional rules as regards remoteness would apply absent evidence demonstrating a particular market understanding or other special circumstance. The judgment of Sir David Keene contains some useful and pithy observations as to the current state of law as to remoteness in contract, suggesting that the approach is similar to that used by the courts in relation to implied terms. In a concurring judgment Tomlinson LJ also questioned whether losses flowing from extremely volatile market conditions were, axiomatically, irrecoverable, and left that particular point open for decision on a future case. Adrian Palmer QC Hugh Sims S G S o u th L td v S wan Yard ( Cire n c e s te r) L td [2 0 1 0 ] EWHC 3 7 6 ( TCC) Enforcement of Adjudication Award; grounds for stay of enforcement. John Virgo Bu s in e s s L in k Be rks h ire & Wilts h ire L td v F e arn [2 0 0 9 ] EWCA Civ 45 5 Appeal on the basis of fresh evidence; consideration of Marshall v Ladd criteria; mistreatment of evidence by trial judge and direction for re-trial. John Virgo Bu n n e y v Bu rn s An d e rs o n 2 0 0 7 EWHC 1 2 40 Scope of jurisdiction of the Financial Ombudsman Service in high value claims. John Virgo Brin s o n s v F in an c ial Omb u d s man S e rvic e [2 0 0 7 ] EWHC 2 5 3 4 Scope of jurisdiction of the Financial Ombudsman Service over mortgage-endowment linked mis-selling claims.

John Virgo Ab e le s & Oth e rs v Eq u itab le L ife As s u ran c e S o c ie ty Group action on behalf of about 400 claimants for mis-selling of annuities over a period of years, 2005-2007. Adrian Palmer QC John Virgo P lymo u th & S o u th We s t Co - o p e rative S o c ie ty v Arc h ite c tu re , S tru c tu re & Man age me n t L td [2 0 0 6 ] EWHC 5 ( TCC) Case concerned with negligent estimation of refurbishment costs and contract letting. John Virgo Bake r v Clark [2 0 0 6 ] EWCA Civ 46 4 Case concerning efficacy of trustee exoneration clauses protecting occupation pension scheme trustees. John Virgo S e ymo u r v Caro lin e Oc kwe ll & Co ; Z u ric h IF A L td [2 0 0 5 ] EWHC 1 1 3 7 ( QB) , [2 0 0 5 ] P NL R 7 5 8 ( Bris to l Me rc an tile Co u rt, 1 3 May 2 0 0 5 ) Offshore unregulated fund; claim by investors against financial adviser and provider of offshore insurance "wrapper bond"; negligence; breach of statutory duty. John Virgo?Gerard McMeel No rth De vo n Ho me s v Braz ie r [2 0 0 3 ] 2 EG L R 1 4 Landlord & tenant - possession - tenant suffering from disability - breach of tenancy nuisance & annoyance - whether claim for possession unlawful under Disability Discrimination Act 1995 - whether reasonable to grant possession under Housing Act 1988. John Virgo S wan s e a Bu ild in g S o c ie ty v Brad fo rd & Bin gle y ( t/a BBG S u rve yo rs [2 0 0 3 ] P NL R 7 40 Surveyor's negligence - defective building - limitation - knowledge required to start time running - whether deliberate concealment by defendant) John Virgo R ic h ard s o n v Mo rto n [2 0 0 2 ] EWCA Civ 1 2 4 Appeal concerned with scope of barrister's immunity. John Virgo R o yal Ban k o f S c o tlan d v Etrid ge an d o th e rs ( No . 2 ) [2 0 0 1 ] 4 All ER 449 , HL Claim to set aside mortgage for undue influence, misrepresentation or other wrongdoing by a principal debtor. Nicholas Briggs De vin e v Je ffe rie s 2 0 0 1 L lo yd s L aw R e p o rts P ro fe s s io n al Ne glige n c e Credit for windfall gains in computing damages for negligent surveys. John Virgo

L o o s e mo re v F in an c ial Co n c e p ts 2 0 0 1 L lo yd s L aw R e p o rts P ro fe s s io n al Ne glige n c e 2 3 5 Impact of the Limitation Act on claims for mis-selling personal pension plans. John Virgo G o rh am v Britis h Te le c o mmu n ic atio n s p lc [2 0 0 0 ] 1 WL R 2 1 2 9 Duty of care owed by financial adviser to client's dependants when advising on retirement options. Adrian Palmer QC A&J F ab ric atio n s ( Batle y) L td v G ran t Th o rn to n Th e Time s Au gu s t 5 1 9 9 9 ; [1 9 9 9 ] BCC 8 0 7 ; [1 9 9 9 ] P NL R 8 1 1 ; [2 0 0 0 ] BP IR 1 Whether liquidator's solicitor owed duty of care to funding creditor. Stephen Davies QC Hale v G u ild arc h [1 9 9 9 ] P NL R 44 Acted for Defendant; no personal liability of employee in respect of negligent advice given in connection with sale of Home Income Plan product. John Virgo Adam Chippindall S e arle s v Can n & Halle tt 1 9 9 9 P NL R 49 4 Scope of solicitor's duty of care to third party in connection with provision of protection scheme for investment plan. John Virgo May & May v Wo o llc o mb e Be e r Watts 1 9 9 9 P NL R 2 8 3 Use of expert evidence in conveyancing negligence claims. John Virgo Wo o lwic h P lc v F in b e rg ( 1 9 9 8 ) 2 P NL R 2 1 6 Whether judge has to embark upon an investigation into solicitor's conduct on a wasted costs application when the facts speak for themselves. Rajinder Sahonte S to vo ld v Barlo ws [1 9 9 6 ] 1 P NL R 9 1 ( CA) Assessment of lost chance in negligently handled conveyancing transaction where sale lost through delayed dispatch of contract documents. Co c kin g v P ru d e n tial 1 9 9 6 CCH Co mme rc ial L aw Cas e s 6 9 2 No right to stay of proceedings over pension mis-selling despite availability of PIA Review. Adrian Palmer QC John Virgo Matto v R o d n e y Bro o m As s o c iate s [1 9 9 4] 2 EG L R 1 6 3 Surveyor's negligence; scope of duty to comment on risk of structural movement of property.

G ran G e lato L td v R ic h c liff ( G ro u p ) L td [1 9 9 2 ] Ch 5 6 0 ; [1 9 9 2 ] 1 All ER 8 6 5 No duty of care owed by vendor's solicitor to purchaser in answers given to pre-contract enquiries.