Professional Negligence

Littleton barristers have expertise in a wide area of professional negligence including solicitors, barristers, surveyors, valuers and accountants and they have particular experience in the large managed mortgage litigation brought against solicitors.

Our barristers frequently act in commercial litigation and linked professional negligence litigation.

Key cases include:

  • Maurice Dempsey v Allan Johnstone (2004) PNLR 2 (CA) Correct approach to wasted costs order against solicitors in absence of waiver of privilege
  • Arthur JS Hall v Simons [2002] 1 AC 615 (HL) Abolition of immunity from suit for advocacy by barristers and solicitors in the course of court proceedings.
  • Ogilvy & Mather Ltd v Rubinstein Callingham Polden & Gale 20 July 1999 (CA) Loss of a chance in solicitors’ negligence claims
  • Nationwide Building Society v Balmer Radmore (1999) PNLR 606 judgment in 12 representative cases in the Nationwide managed mortgage litigation against solicitors
  • General Mediterranean v Patel [2000] 1 WLR 272 CPR 48.7(3) held ultra vires in wasted costs application against solicitors.
  • Matrix Securities v Theodore Goddard (1998) PNLR 290 a leading case on defence of reasonable reliance on counsel in solicitors’ negligence cases
  • Bristol & West Building Society v Mothew [1998] Ch. 1 the leading case on solicitors’ duties, fiduciary duties and breach of trust.
  • Bristol & West Building Society v May, May & Merrimans [1996] 2 All ER 801 judgment in 13 representative cases in the Bristol & West managed mortgage litigation against solicitors

For clinical negligence please see Healthcare and Clinical Negligence