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David Rogerson
    • David Rogerson

    • Head of Dispute Resolution & Partner
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Who are you?

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There has been a recent spate of cases revolving around fraudsters acquiring properties by using false ID documents and then selling them on to unsuspected buyers. They then disappear with the money before the fraud is discovered. So what can the true owner...

But Why?

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We always hear our kids say this when they cannot comprehend the unfairness of a situation. This sometimes happens in Professional Negligence cases and a good example is the case of BPE Solicitors v Hughes-Holland [2017] which was decided by the Court of...

Adjudicate! Adjudicate!

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(An Amendment to the Professional Negligence Pre Action Protocol) An amendment to ‘The Pre-Action Protocol for Professional Negligence came into force recently. The amendment to the protocol was made following a pilot to establish a scheme of...

Don't shoot the messenger

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The Court of Appeal has recently confirmed the ruling of the High Court that a barrister and their instructing solicitors were not negligent in giving advice to a client to settle her claim for compensation during a trial following a road traffic accident. ...

Protecting your hard-earned assets

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Businesses and private individuals all rely on the expertise of investment advisors to make sure they maximise their financial assets and minimise tax liabilities. However, investment advisors may rely on the professional expertise of a network of...

GO WITH THE CROWD

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Funding any type of litigation can be a problem. If you are seeking justice for a Professional Negligence claim, you may be daunted by the fact the other party is likely to be insured and have deep pockets with which to defend any claim you bring....

No time like the present - Bring professional negligence claims in a timely manner

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Most claims have to be commenced within set time limits otherwise they become statute barred pursuant to the Limitation Act. For instance, breach of contract claims will need to be bought within 6 years of the date of the breach of contract. Professional...

Serve them a Writ and be damned!

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This may have been the cry in the past but pursuing a Professional Negligence claim today is much more of a considered approach. As with many types of claim, there are Pre Action Protocols to follow which encourage parties to be more open with their...

Professional Negligence - Can I afford to make a claim?

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Professional negligence claims can be complex and therefor the legal cost of pursuing them can be high. Chattertons offer a range of funding options and all these should be considered carefully at the beginning of any case: ...

From bad to worse - how periods of recession increase negligent claims

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Professionals such as accountants and tax advisers are meant to provide trustworthy financial and taxation information and advice to a company and/or individual. Although a full review of any case is required to assess a potential claim, here are some...

Costly Conflict

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Solicitors have an absolute duty to act in the best interest of their Clients. This is a cornerstone for the Legal Profession. Part of this duty is to ensure that you do not act where there is a conflict between your own or your clients’ interests. In...

No pot of gold at the end of the rainbow

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Most people who take out a pension feel they have acted sensibly and secured their future financial security. Working for many years to save sufficient for a happy retirement. Unfortunately some are in for a shock when they get closer to retirement and find...

One day son, all this (hopefully) will be yours

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You always hope that whatever property you buy will be worth what you paid for it but what if the valuation you relied on was wrong? If a surveyor is negligent when producing a property report, what loss can be recovered? The general rule is that a...

When it goes wrong...it goes wrong

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Have you bought a property only to find out sometime later that you have not got what you thought you had? You would expect your solicitors to pick up everything about the property and advise you accordingly. Unfortunately, things do sometimes get missed and...

Being let down

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Every solicitor owes a duty of care to their clients to give professional and appropriate advice. Unfortunately, sometimes things can go wrong and the outcome of your claim may not be as you expected. This often the case in personal injury and/ or clinical...

Going to see a man about a dog...

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Should lawyers should fear the implications of a case where an architect was found liable for free professional advice to friends? Perhaps not but they must still exercise caution. The Court of Appeal will give judgment in coming weeks over a £265,000...

Just hold your horses... Pre Action steps in Professional Negligence Claims

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Gone are the days when the first step in making a claim was to issue proceedings. “Just serve them with a Writ” was the mantra but now we are all encouraged to try and resolve matters before venturing through the Court’s doors. Indeed,...

Where does the responsibility lie when it comes to transactional losses?

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Solicitors have hailed a Supreme Court decision in a professional negligence case as providing much needed clarity on their liability when they mistakenly give a client wrong information. In BPE Solicitors and Anor v Hughes-Holland (in substitution for...

Weather to take a minute to think...

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We know that the British weather is an unpredictable thing. The same could be said for getting paid for the hard work you do. But what can you do to help to ensure you receive payment of your invoices? As soon as the sun is out, the work comes in. Do you...