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1CL Webinar: Assessment of Damages in Professional Negligence Claims
In this webinar Francesca O’Neill and Henk Soede deal with the assessment of damages in professional liability cases and, in particular, in the personal injury and conveyancing context. They address the basic legal principles, work through various illustrative case studies and provide a case law…
Webinar Recording: Data Protection & Privacy – The Police, Subject Access Requests and a General Update
In their webinar yesterday Sarah Prager and Ian Clarke looked at GDPR, data protection and privacy issues, bringing you right up to date with recent developments in the law relating to data protection and misuse of information. If you missed it, you can view it…
Francesca O’Neill successful in Professional Negligence trial
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….
Privacy in the context of criminal investigations: Bloomberg LP v ZXC [2022] UKSC 5
On 16 February 2022 the Supreme Court handed down their unanimous judgment in Bloomberg LP v ZXC [2022] UKSC 5. The Court held that, in general, a person who is under criminal investigation has, before being charged, a reasonable expectation of privacy in respect of…
Another “Failure to Advise” Case: Solicitor’s Negligence Recast?
1CL’s expertise in professional negligence cases is well-known, and in this recent case, a useful exploration of the solicitor’s duty to advise clients as to the merit of their litigation casts further light on how the courts will approach the issue. John Bryant represented the…
Tindall and another v Chief Constable of Thames Valley Police and another [2022] EWCA Civ 25
Mini-Summary The Court of Appeal have allowed the Chief Constable’s appeal against the Master McCloud’s refusal to strike out the claim against him. The case concerned whether police officers who attended a road traffic accident caused by ice owed a duty of care to make…
The de minimis principle in practice. When is a data breach too trivial to found a claim: Rolfe and others v Veale Wasbrough Vizards LLP
What amount of damage is necessary before a claim for a data breach or of misuse of private information is actionable? In TLT and others v The Home Office [2016] 2217 (QB), Mitting J noted that the threshold was based on the “de minimis principle”,…
Cheri-Ann Vincent & Dr Dean Burnett v Andrew Lucas (t/a AG Lucas Co.)
Francesca O’Neill successful in appeal against a decision of the lower court that the usual rule under CPR r.46.1 should be followed even in circumstances where the opposition to the application was arguably unreasonable, and where the manner of opposing it had not been considered….
The proper scope of the Tort of Misuse of Private Information: Positive Acts, Data Security and Costs implications.
Frequently a claim arising out of a potential data breach is accompanied by parallel claims alleging that there has also been a Misuse of Private Information (MPI) or a Breach of Confidence (BOC). However, the three causes of action should not be seen as synonymous…
Professional Negligence and Clinical Negligence Briefing – June 2021
On 18th June the Supreme Court handed down judgments in Manchester Building Society v Grant Thornton and Khan v Meadows. In this joint briefing we consider the judgments from both a professional negligence and clinical negligence perspective. Rehabilitation of the “Mountaineer’s Knee” Manchester Building Society…
Case Summary: Kitover v Galmarley Ltd (t/a Bullionvault.com)
Maurice Rifat successfully recovers gold on behalf of a Claimant who had used a forged passport and a false identity to set up the account under which it was held. In Kitover v Galmarley Ltd (t/a Bullionvault.com) [2021] EWHC 809 (Ch), the case originally started…
Hart v Large – Assessment of Damages in Negligent Surveyor Cases
This recent decision from the Court of Appeal will be of particular interest to surveyors and their insurers because of the extent of the liability imposed on the surveyor. The Court upheld the first instance decision of Roger Ter Haar QC in the TCC, which…
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