Supreme Court Judgment: Barton v Wright Hassall  UKSC 12
21 February 2018
Michael Pooles Q.C. and Henry Bankes-Jones have recently received judgment from the Supreme Court in the case of Barton v Wright Hassall  UKSC 12
What is a “genuine attempt to settle the proceedings” for the purposes of CPR rule 36.17(5)(e)?
20 February 2018
Case note on JMX v. Norfolk and Norwich Hospitals by Dominic Nolan QC and Eva Ferguson (Counsel for the Claimant JMX).
Update: Important decision on Arbitration Appeals, Security for Costs and Third Party Funders
14 February 2018
Imran Benson reports on Progas v Pakistan, which was handed down on Friday 9th February.
The crucial importance of using correct terminology
3 January 2018
Eva Ferguson considers the court’s decision, its implications and the importance of terminology.
Case update: Barker v Baxendale Walker Solicitors
18 December 2017
In negligence, individuals need not behave perfectly, but rather behave reasonably. However legal practitioners may be under a duty to advise clients that their opinion, reasonably held, may nevertheless turn out to be wrong.
Case note: Budana v The Leeds Teaching Hospitals NHS Trust  EWCA Civ 1980
7 December 2017
The Court of Appeal permits recovery of success fees even if pre LASPO CFAs have been subsequently transferred
Case note: Tiuta International Limited v De Villiers Surveyors Limited
29 November 2017
Nicola Rushton and James White consider the issues resolved and the issues remaining following the Supreme Court’s decision.
Case note: Premier Motorauctions Ltd v PWC
28 November 2017
Spike Charlwood provides an overview on the recent Court of Appeal judgment relating to security for costs and ATE policies
Case note from Imran Benson: Riva Properties v Foster & Partners
6 November 2017
A partly successful professional negligence claim in which a host of legal issues that regularly crop up are addressed.
Supreme Court judgment: Ivey v Genting Casinos – the demise of Ghosh and Twinsectra
27 October 2017
By a unanimous judgment given on 25 October 2017, the Supreme Court has ruled that Ghosh (the leading authority on the concept of dishonesty in law) was wrong and ought no longer to be followed.
Commercial Court Shrinks Scope to Challenge Arbitrations
12 October 2017
Imran Benson considers the case of UMS & Ors v Great Station & Ors and what this means for practitioners.
Court of Appeal judgment: Doherty v The Nursing and Midwifery Council
25 September 2017
Justin Meiland, who appeared as junior counsel for the appellant, considers the judgment in his article.
Determining an application for qualified one-way costs shifting
12 September 2017
Personal Injury analysis by Jamie Carpenter (Catalano v Espley-Tyas Development Group Ltd)
Prevention is better than cure in solicitor/client costs assessments
6 September 2017
Dispute Resolution analysis: Imran Benson of Hailsham Chambers discusses the case of Breyer Group plc v Prospect Law
Cyber Liability: A Professional Negligence Perspective
4 September 2017
The global proliferation of cyber attacks and the increasing gravity of their consequences is worrying law firms. New legislation is only going to compound their problems.
Court of Appeal judgment: Thomas v Hugh James Ford Simey Solicitors
4 September 2017
The Court of Appeal has today ruled that solicitors do not necessarily have a duty to challenge a client’s decision not to pursue a potential head of claim.
Court of Appeal rejects damages top up (Shaw v Kovac and another)
16 August 2017
Alexander Hutton QC and Nicholas Pilsbury, barristers at Hailsham Chambers, discuss the Court of Appeal’s decision in Shaw v Kovac and another.
Ground Rent Litigation
4 August 2017
Following the announcement of Government plans to stop the sale of leasehold new build houses, Joshua Munro explores the current situation for professional advisers
Fixed Costs Review
1 August 2017
Lord Justice Jackson’s review of the fixed costs regime has been released. David Story summarises the key aspects of the report.
Liabilities of Litigation Funders
1 August 2017
Imran Benson writes for the Journal of Professional Negligence (Issue 33.2) on the thorny issue of Liabilities of Litigation Funders.
Shaw v Kovac & University Hospitals of Leicester NHS Trust
18 July 2017
In a key case relating to consent, The Court of Appeal has today confirmed that there is no freestanding right to damages flowing from a failure to properly consent a patient before a medical procedure.
Peter Williams v SRA  EWHC 1478
6 July 2017
The High Court has recently handed down judgment in an appeal by a high-profile former solicitor against the findings of the SDT. The case provides a helpful reminder of the principles applicable to allegations of dishonesty and lack of integrity in regulatory proceedings.
Harrison v University Hospitals
22 June 2017
The Court of Appeal in Harrison v University Hospitals Coventry & Warwickshire NHS Trust  EWCA Civ 791 determined important issues in costs budgeting which are of relevance to all practitioners.
Lowick Rose LLP v. Swynson Ltd  UKSC 32
13 April 2017
The Supreme Court has now ruled on the tricky “no loss” arguments raised in this accountant’s negligence claim, reversing the decision of the lower courts. Nicola Rushton of Hailsham’s professional negligence team considers the implications.
BPE Solicitors and another v Hughes-Holland (Gabriel v Little)
22 March 2017
The Supreme Court upheld the Court of Appeal’s decision in favour of BPE Solicitors in this landmark professional negligence decision.
The Supreme Court Decision in AIG v Woodman & Ors, re: Aggregation in the Solicitors’ Minimum Terms and Conditions
22 March 2017
The Supreme Court’s decision in this case has again changed the landscape on aggregation, albeit largely reverting to the position prior to Teare J’s judgment. Read Spike Charlwood and Jake Coleman’s article here.
Update: Supreme Court Ruling on Inheritance
16 March 2017
Yesterday morning the Supreme Court decided Ilott v Blue Cross  UKSC 17, which is about the correct application of the Inheritance (Provision for Families and Dependants) Act 1975. This will be the leading case in an area where litigation and disputes are evermore common.
Thefaut v Johnston  EWHC 497 (QB): informed consent and clinical negligence
15 March 2017
In Thefaut v Johnston  EWHC 497 (QB) Nicholas Peacock represented the successful claimant at the liability trial before Mr Justice Green
The Court of Appeal addresses the propriety of summary judgment on limitation grounds in lenders’ claims
27 February 2017
Simon Wilton reports on the recent Court of Appeal decision in Bridging Loans Ltd v Kevin J Toombs
The Lord Chancellor’s announcement of a reduction in the personal injury discount rate
27 February 2017
This will have far-reaching consequences for compensation awards for future financial losses in personal injury cases.
Paul Mitchell QC and Nicola Rushton write in The Lawyer’s Briefing on Professional Negligence
20 December 2016
It’s beginning to look a lot like 2017 is the new 2008.
ELECTRONIC BILLING: The new bill of costs is coming. Alexander Hutton QC shares his insight into the revised Practice Direction 51L
8 December 2016
Read the full article in the Personal Injury Law Journal
Barclays Bank Plc v. TBS & V Ltd: Nicola Rushton reports on the recent judgement in relation to valuation
8 December 2016
Nicola Rushton reports on the recent judgment in relation to valuation which considered issues as to correct valuation method, reliance and causation of loss. The judgment includes some points of wider interest to those engaged in bringing or defending lender claims.
Lord Chancellor’s right to recover from legal aid firms, plus the power of a Claimant’s Part 36
22 February 2016
Mr Justice Holgate confirmed the right of the Lord Chancellor, operating as the Legal Aid Agency (LAA), to recover over-claimed payments on account (POAs) under contract, statute and in restitution where the solicitors have failed to submit any proper final bills.
New principles established in loss of a chance and contributory negligence claims
18 December 2015
Mrs Justice Proudman has established new points of law relating to loss of a chance and contributory negligence allegations, in Harding Homes (East Street) Ltd v Bircham Dyson Bell  EWHC 3329 (Ch). It was one of those rare cases where the defendant solicitors admitted negligence but succeeded in showing that the claimants’ loss of a chance claim was of “negligible” value. The result was that the claimants were awarded only nominal damages and were ordered to pay the defendants’ costs.
New Bill of Costs consultation
4 August 2015
The Committee appointed to make recommendations on a new bill of costs pursuant to the Jackson Report, which is chaired by Alexander Hutton QC, have published the draft new bill and guidance documents for consultation and are inviting comments/suggestions by 18.9.15.
Amy Nesbitt on: Landmark decisions that have shaped Personal Injury Law
22 April 2015
The law relating to personal injury has developed at a faster pace than many other areas. This article reviews some of the landmark decisions that have made a big difference to claimants and their representatives.
Alice Nash on the introduction of increased court fees
2 April 2015
A news article by Alice Nash about the ‘enhanced’ issue fees in civil proceedings which took effect from Monday, 9 March 2015.
Consent to treatment
26 March 2015
A paper by Martin Spencer QC that considers consent to treatment in light of the decision in Montgomery V Lanarkshire Health Board  2 WLR 768.
The new proportionality test
5 March 2015
In the absence of case-law on how the new proportionality test is working in practice, how should you argue proportionality at assessment?
Schedules in fatal accident cases
20 January 2015
A paper written by Sarah Christie-Brown, to accompany a training programme about Schedules in Fatal Accident Cases.
Assignment & securitisation in lenders’ claims
15 January 2015
A paper about Assignment & securitisation in lenders’ claims.
Authorities on SAAMCO and solicitors’ negligence
14 January 2015
A talk and handout delivered by Nicola Rushton, Alice Nash, Amy Nesbitt & Alicia Tew. SAAMCO: the extent of liability