Rudyard Kipling Thorpe (Litigation Friend of Leonie Leanthie Hill) v Fellowes Solicitors LLP [2011] EWHC 61 (QB) is authority for the proposition that solicitors have no need to investigate an elderly person’s capacity to contract without good reason. Facts: In 2003 Fellowes Solicitors LLP were involved in the sale of a house by Leonie Hill [...]
Recent court decisions have confirmed that Part 36 of the CPR is a self-contained code governed by its own provisions. General common law principles relating to offer and acceptance do not apply. Even more recently was the decision of C v D & D2 [2010] EWHC 2940 (Ch). In this case, the question arose whether [...]
In Scout Association v Barnes [2010] EWCA Civ 1476, the Court of Appeal looked into the issue of balancing the risks of games played by the Scouts with their social value in determining a breach of duty. The brief facts were that the claimant, aged 13, hit his head against the wall when playing a [...]
In the last 12 months High Court figures show that the number of professional negligence claims have soared. According to the figures there were 147 professional negligence actions in the High Court in 2008, which rose to 339 in 2009 (a 130.6% increase). Professional negligence claims against accountants rose from 0 in 2008 to 28 [...]
