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Salaried partner not liable to property clients

Section 14 of the Partnership Act 1890 provides for a person to be liable as a partner where: First, the person in question has been held out as a partner in a firm; and, Secondly, two further...

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Court draws line under property solicitor’s liability

In deciding whether a law firm has been negligent towards a property client the court must decide what was the scope of the law firm’s engagement? Secondly if the engagement covered the relevant...

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Losses of solicitor’s negligence largely cancelled by buyers’ damage...

In a legal transaction a solicitor should advise the client on all information, that the solicitor should have gleaned from due diligence, that might have a bearing on the price the client is paying...

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Structural Engineers not liable for Contractor’s negligence

Construction professionals’ duty to warn may be analysed as follows: 1. We must first decide what the scope of the contractual duties and services were. The scope of the duty to warn and the...

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Time limits in negligence cases: appellants had insufficient actual or...

In a claim for damages for negligence the right to sue accrues at the date that damage occurs, even if no-one knows about the damage at the time. To stop the limitation period for suing running...

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Receivers owed no duty of care directly to bankrupt mortgagor

Where a mortgagor is subject to the appointment by the mortgagee of a receiver over the mortgaged property the receiver owes a duty to the mortgagor to look after the property if and to the extent that...

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Solicitor should have disclosed price discrepancy to lender

In the Court of Appeal case of Mortgage Express Ltd v Bowerman & Partners [1996] Millett LJ said; “…..A solicitor who acts for [buyer and lender in] a transaction owes a duty of confidentiality to...

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Removal of planning condition abolished claimants’ loss

In the Court of Appeal case of Bacciottini & Anor v Gotelee and Goldsmith (A Firm) [2016], the appellants had acquired a residential property in May 2007. The respondent solicitors had negligently...

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Solicitors’ application to Land Registry was negligent misstatement

What follows is a cautionary tale. In Chief Land Registrar v Caffrey & Co [2016] clients sent their solicitors a Form DS1 Land Registry discharge purportedly signed on behalf of their bank to...

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Owner owed measured duty of care to contain damp

A person may owe a “measured duty of care” to take reasonable steps to resolve or reduce hazards on that person’s land, which that person either foresaw, or which that person ought reasonably to have...

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