Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 16 MARCH 2022

Francesca O'Neill Successful In Professional Negligence Trial

1 Chancery Lane
Explore more from 1 Chancery Lane

Since SAAMCO, and latterly MBS v Grant Thornton [2021] UKSC 20, lawyers generally think that they understand how arguments on the scope of duty for professionals should run.

United KingdomLitigation, Mediation & Arbitration
Francesca O'Neill
Francesca O'Neill

Professionals' scope of duty examined at trial: some thoughts

Harry v Curtis Law LLP ("CWC")

HHJ Mitchell

Since SAAMCO, and latterly MBS v Grant Thornton [2021] UKSC 20, lawyers generally think that they understand how arguments on the scope of duty for professionals should run. The law is constantly developing, but scope of duty is now rarely controversial. Despite that, the Claimant – a 2018 purchaser of a new build house on a large housing development in Derriford, Plymouth – got it wrong.

She had reserved the show home on an early phase of the development, on a quiet residential street, surrounded by what she assumed would be other quiet residential streets. CWC were a firm of local solicitors who had acted for her in selling a previous home, and the abortive purchase of another central Plymouth house. They acted for her on a low fixed fee conveyancing package. The scope of the written retainer promised to investigate title, and perform local authority

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Game Developer And Publisher Battle Over Step In Rights

A High Court ruling examines a contentious dispute between a video game developer and publisher over milestone-based funding and "step in" rights for the first-person shooter Six Days in Fallujah. With over $50 million in development costs at stake and allegations of conspiracy to acquire proprietary source code, the court declined to grant either party interim control of the game's development, leaving both sides without the "keys to the kingdom" pending a full trial.
United KingdomLitigation, Mediation & Arbitration
Lewis Silkin
Lewis Silkin
Article

Meta's $18 Billion Settlement: Reckoning Or Managed Exit?

Meta has agreed to pay up to $18 billion over 10 years to settle claims by 52 US state and territory attorneys general in the largest state consumer-protection settlement in American history outside tobacco. The settlement imposes binding child-safety obligations including time limits and age assurance, but leaves the core algorithmic feed unchanged and raises questions about whether this represents genuine accountability or a commercially managed outcome.
United KingdomLitigation, Mediation & Arbitration
Mishcon de Reya LLP
Mishcon de Reya LLP
Article

LNG Charterparty Hire Formula: Meaning Of JKM–TTF Pricing Spread

The Commercial Court ruled on a USD 29 million dispute over an LNG carrier charterparty's index-linked pricing formula, determining whether the "JKM-TTF spread" operated bidirectionally or only when JKM exceeded TTF. The decision examines how unprecedented market conditions—where European gas prices surged above Asian prices due to the Ukraine war—tested the contractual formula's application and whether rectification could remedy an alleged drafting oversight.
European UnionLitigation, Mediation & Arbitration
CMS Wistrand
CMS Wistrand
Video

One-Punch Manslaughter – When A Single Blow Kills (Video)

A split-second decision can change lives forever. In one-punch manslaughter cases, a single impulsive blow, perhaps thrown in anger, fear or misguided bravado, leads to a tragic death. These ‘death by a single punch’ incidents are more common in the UK than many realise. Dozens of families every year are left devastated, with one family grieving an unimaginable loss, and another family shocked and fearful as their loved one faces a homicide investigation for an outcome no one intended. It’s a tragic reality, one moment of anger, one fatal assault involving a single blow, and two lives (and families) ruined.
United KingdomLitigation, Mediation & Arbitration
Olliers Solicitors
Olliers Solicitors