Historically, this led to the development of a parallel expertise in the litigation
of claims against solicitors and valuers arising from flawed mortgage transactions.
He has experience
of claims against solicitors which have arisen in a wide variety of circumstances, including in the context of other types of conveyancing transaction, the misconduct of litigation or the misapplication of client money.
Scott has particular experience
of claims against solicitors, barristers, accountants and surveyors but has also advised on more unusual claims including those against vets, auctioneers and motor - traders.
As a former transactional solicitor, he has particular understanding
of claims against solicitors arising from commercial transactions and against accountants and tax advisers relating to negligent audits and tax planning.
The solicitor alleged, and Beth Allen, J. accepted, that Ferrara knew or ought to have known
of his claim against the solicitor on the date that the statement of adjustments was challenged.
Not exact matches
Driven by a desire to stand up for the consumer
against corporate giants, enhance its efficient
claims processing power and to provide a range
of legal services, the Group successfully submitted an application to the
Solicitors Regulation Authority for Stanton Fisher Legal Limited T / A S...
Driven by a desire to stand up for the consumer
against corporate giants, enhance its efficient
claims processing power and to provide a range
of legal services, the Group successfully submitted an application to the
Solicitors Regulation Authority for Stanton Fisher Legal Limited T / A Stanton Fisher Lawyers to be authorised as an ABS.
My summary
of the case is: A trial judge — he wasn't named in the Court
of Appeal but his name can easily be discovered — had dismissed plaintiff's
claim against the defendant bank and a
solicitor for breach
of fiduciary duty and negligence.
A parasitic
claim against a firm
of solicitors was also dismissed.
A
solicitor may attend the hearing to offer advice to the bereaved family on what is happening in the criminal process, and to also take a note
of the evidence to support any later civil compensation
claim against the defendant.
Johnston is also advising a construction company in a
claim against a
solicitor relating to negligent advice regarding a Part 36 offer and cost consequences given to the client following litigation, and Hall is handling a
claim against solicitors for negligence and a breach
of fiduciary duty relating to a property transaction.
An adjunct
of such work, is that Marc gives advice on the law
of solicitors» costs, acting both for and
against solicitors in costs
claims.
Polly is a senior associate within the Professional Risks Department and defends professional indemnity
claims against a wide range
of professionals, including surveyors, estate agents, property managers, insurance brokers and
solicitors.
It sought to recover the losses it sustained in a re-mortgage transaction by means
of a breach
of trust
claim against its
solicitor.
Polly's experience includes advising a number
of national firms
of surveyors in relation to commercial and residential over-valuations and fraud (including development sites, industrial warehouses, hotels, property portfolios and agricultural land and residential property), advising D&O insurers on a large criminal
claim against the directors
of a high profile international company in India, and advising London market insurers on coverage in relation to a number
of related
claims involving fraudulent
solicitors.
Bill
of Costs Bill
of Costs (Tariff Items) Consent Form 18 Requisition — General Form 41 Subpoena Form 52.2 Certificate Concerning Code
of Conduct for Expert Witnesses Form 80A Affidavit Form 91 Direction to Attend Form 124A Notice
of change
of solicitor Form 146A1 Affidavit
of service Form 146A2 Affidavit
of service — Personal Service Form 146B
Solicitor's Certificate
of Service Form 149 Tender
of Payment into Court Form 171A Statement
of claim Form 171B Statement of defence Form 171C Reply Form 171D Counterclaim against parties to main action only Form 171E Counterclaim against plaintiff and person not already party to the main action Form 171F Defence to Counterclaim Form 171G Reply to defence to counterclaim Form 171H Third Party Claim against a person already party to the action Form 171I Third Party Claim against a person not already party to the action Form 171J Third Party Defence Form 171K Reply to Third Party Defence From 223 Affidavit of Documents Form 255 Request to Admit Form 256 Response to Request to Admit Form 258 Request for Pre-Trail Conference Form 301 Notice of Application Form 305 Notice of Appearance — Application Form 314 Requisition for Hearing — Application Form 337 Notice of Appeal Form 341A Notice of Appearance — Appeal Form 344 Certificate of Completeness of Appeal Book Form 347 Requisition for Hearing — Appeal Form 359 Notice of Motion Memorandum of Fact and Law Model Bifurcation Order Model Jeopardy Order Motion Record Notice of Consent to Electronic Service Solicitor's Certificate of Expert Wi
claim Form 171B Statement
of defence Form 171C Reply Form 171D Counterclaim
against parties to main action only Form 171E Counterclaim
against plaintiff and person not already party to the main action Form 171F Defence to Counterclaim Form 171G Reply to defence to counterclaim Form 171H Third Party
Claim against a person already party to the action Form 171I Third Party Claim against a person not already party to the action Form 171J Third Party Defence Form 171K Reply to Third Party Defence From 223 Affidavit of Documents Form 255 Request to Admit Form 256 Response to Request to Admit Form 258 Request for Pre-Trail Conference Form 301 Notice of Application Form 305 Notice of Appearance — Application Form 314 Requisition for Hearing — Application Form 337 Notice of Appeal Form 341A Notice of Appearance — Appeal Form 344 Certificate of Completeness of Appeal Book Form 347 Requisition for Hearing — Appeal Form 359 Notice of Motion Memorandum of Fact and Law Model Bifurcation Order Model Jeopardy Order Motion Record Notice of Consent to Electronic Service Solicitor's Certificate of Expert Wi
Claim against a person already party to the action Form 171I Third Party
Claim against a person not already party to the action Form 171J Third Party Defence Form 171K Reply to Third Party Defence From 223 Affidavit of Documents Form 255 Request to Admit Form 256 Response to Request to Admit Form 258 Request for Pre-Trail Conference Form 301 Notice of Application Form 305 Notice of Appearance — Application Form 314 Requisition for Hearing — Application Form 337 Notice of Appeal Form 341A Notice of Appearance — Appeal Form 344 Certificate of Completeness of Appeal Book Form 347 Requisition for Hearing — Appeal Form 359 Notice of Motion Memorandum of Fact and Law Model Bifurcation Order Model Jeopardy Order Motion Record Notice of Consent to Electronic Service Solicitor's Certificate of Expert Wi
Claim against a person not already party to the action Form 171J Third Party Defence Form 171K Reply to Third Party Defence From 223 Affidavit
of Documents Form 255 Request to Admit Form 256 Response to Request to Admit Form 258 Request for Pre-Trail Conference Form 301 Notice
of Application Form 305 Notice
of Appearance — Application Form 314 Requisition for Hearing — Application Form 337 Notice
of Appeal Form 341A Notice
of Appearance — Appeal Form 344 Certificate
of Completeness
of Appeal Book Form 347 Requisition for Hearing — Appeal Form 359 Notice
of Motion Memorandum
of Fact and Law Model Bifurcation Order Model Jeopardy Order Motion Record Notice
of Consent to Electronic Service
Solicitor's Certificate
of Expert Witness
This was the question the court had to consider when Shepherd Construction Ltd brought a
claim against their
solicitors, Pinsent Masons LLP, following the outcome
of an -LSB-...]
The practice regularly defends
claims against a variety
of professionals including
solicitors, barristers, accountants, financial advisers, insurance brokers and healthcare professionals.
The group's recent work includes acting for an individual in a
claim against a
solicitor who had misappropriated a portion
of the client's damages following a previous clinical negligence
claim, handling a
claim relating to negligent conveyancing, and representing an individual
against a firm
of solicitors that failed to prepare a will in reasonable time.
Overlapping areas
of work are financial services, sports law & discipline, professional negligence
claims, partnership disputes, boardroom disputes and aspects
of costs law, including wasted costs applications
against solicitors and barristers.
(Defence
of undue influence with third party
claim in negligence
against a firm
of solicitors; successful London Mediation at which wife
of debtor received enough in damages to secure re-housing).
Among the recommendations in the Insurance Fraud Taskforce's (IFT) report published in January was the belief that more effective action should be taken
against fraudulent
solicitors with steps being proposed to tackle the issue
of claimant firms bringing
claims without proper instructions.
Claims against solicitors for failing to adhere to time limits; for failing to ensure adequate rights
of way had been granted to access property; for failing to service proper notice; for failing to register documents
She defends a range
of professionals under miscellaneous policies, but has particular expertise in
claims against solicitors.
Practitioners may therefore be interested to know about the experience
of those
of us who defend
solicitors against claims, which naturally range from the nonsensical or outrageous to those where we are hard pushed to say anything in reply except maybe a challenge to the quantum
of interest.
Examples
of his recent case - load are: led by Ed Pepperall QC in a large - scale action arising from a defective share sale; defended
solicitors from allegations arising from property transactions, including alleged breaches
of the Etridge guidance; acting for a claimant
against solicitors who negligently handled his litigation; defending an IFA from allegations
of inappropriately risky investment advice; acting for
solicitors claiming contributions from another firm in respect
of their own liability for breach
of trust; advising clients on a
claim against surveyors for losses arising from negligent property valuations.
In
claims against professionals, such as
claims against solicitors for errors that they have made when running your personal injury
claims, Truth Legal may offer you a No Win, No Fee agreement to pursue your
claim, if you do not have the benefit
of Legal Expenses Insurance.
Both Cumbria and Lakeland had instructed
solicitors Baines Wilson (BW) to advise and negotiate on the service agreements between DEFRA and themselves, and they now brought proceedings
against BW alleging professional negligence which had caused them to lose the difference between their invoiced
claims (plus presumably interest) and the settlements which emerged from the mediation, asserting that they had been reasonable to settle, but that the discounts they had been forced to concede were as a result
of BW's negligent advice.
In 2009 the court dismissed a
claim brought by travel agents
against the firm and Ms Advani, and found that Denton Wilde Sapte owed no relevant duty to the claimants and was not liable for the actions
of Ms Advani as she was acting outside her employment as a
solicitor.
A second action involved rent arrears, conversion
of chattels, an action for possession and bankruptcy proceedings involving, on the way, a dispute with Railtrack over a parcel
of land and another
against the Law Society
claiming compensation for the alleged illegality
of the
solicitors who had represented him.
Jodi Lynne Feldman
claimed her Charter rights were breached when the Law Society
of Upper Canada compelled her to turn over
solicitor - client privileged communications during its investigation
of a complaint
against her.
Advising in connection with a
claim against a large national firm
of solicitors arising out
of advice given in relation to a construction contract.
Fiona is experienced in handling
claims on Primary and Excess layer policies and as Lead or Follow insurer
against a range
of professions including
Solicitors, Architects, Surveyors, Accountants and IFAs in respect
of allegations
of negligence and / or fraud.
He also represents
solicitors and law searchers and their professional indemnity insurers and has advised in respect
of claims against insurance brokers.
Charlotte specialises in professional negligence
claims against a variety
of professions, particularly focussing on
claims against solicitors, barristers, accountants and surveyors.
Prior to joining Beale & Company, Fiona trained and qualified at an International firm where she dealt with a large number
of claims against surveyors and
solicitors (including group - actions) both litigated and pre-action.
Damian also undertakes other liability work for major insurers, under public liability policies, including product liability cases and
claims arising out
of property damage.He has considerable experience
of acting in
claims against Independent Financial Advisers, investment managers, accountants, actuaries and other professionals associated with the financial services sector, as well as
solicitors and insurance brokers.
Lasairfhíona also represents
solicitors and their professional indemnity insurers and has advised in respect
of claims against insurance brokers and medical professionals.
Representing the settlor
of a trust in
claims to set aside the trusts on the grounds
of mistake and / or its being void for uncertainty
of terms and
against the firm
of solicitors who established the trust in proceedings in Jersey and England.
In Ferrara v. Lorenzetti, Wolfe6, the majority judgment
of the Court
of Appeal (Laskin and Sharpe, J.J.A.) held the plaintiff's
claim against the defendant
solicitor was NOT statute barred.
Stapleton v Howard Kennedy: Chris was instructed on behalf
of the Defendant
solicitors in this
claim which came on for trial after the Claimant's appeal
against summary judgment entered for the Defendants was allowed.
This was true notwithstanding that Ferrara had submitted an affidavit asserting that none
of his subsequentcounsel advised him about a potential
claim against the
solicitor.
The Court
of Appeal found that the
claim against the first
solicitor did not arise until the tortfeasor actually pleaded a limitations defence, not when the second
solicitor was retained.
Chris has a varied professional negligence practice, much
of which dove tails with his shipping practice and involves
claims against ship managers, (marine) insurance and chartering brokers and
solicitors involved in shipping litigation and transactions.
Hawksford Trustees Jersey Limited — v - Halliwells: Chris is instructed on behalf
of the Defendant
solicitors in relation to appeals and cross appeals to be heard
against the first instance judgment which allowed some heads
of claim but not others.
Former partner
of a firm
of solicitors — representing a former partner
of an established firm
of solicitors against claims of negligence, breach
of FSMA and dishonest assistance brought by over 500 investors in technology schemes which were designed to be tax efficient and valued at about # 90m.
Christopher acts on a variety
of professional indemnity matters, including the defence
of significant
claims against solicitors.
Highlights included acting for Omega Atlantic Limited in its professional negligence
claim against GVA Grimley related to funding advice, and are representing Univer Manufacturing in a
claim against its former
solicitors alleging that the firm's drafting
of an exclusive distribution agreement and indefinite IP licence failed to protect the client's interest causing substantial loss.
LCF Law's professional negligence practice is particularly noted for acting for individuals in
claims against solicitors arising from inheritance disputes, as demonstrated by Bradford - based Ragan Montgomery's representation
of an individual in a
claim against his stepfather's former
solicitors alleging negligence for failure to take adequate instructions as to the extent
of the deceased's estate in drafting his will and for failure to properly execute the will in circumstances where the
solicitors knew
of the deceased's pending marriage and terminal illness.
Farnon v Devonshires [2011] EWHC 3167 (QB) Richard acted for the claimant in her
claim against a firm
of solicitors for advice she received in relation to her membership
of a limited liability partnership.