Latest by Nick Bird

Blog

The Supreme Court holds that "subsequently acquired evidence" is to be disregarded in assessing loss of chance in a DTI compensation scheme

Published on 21 November 2019. By Nick Bird, Partner and Cheryl Laird, Associate (Scottish Qualified)

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On 20 November 2019 the Supreme Court handed down its second 2019 judgment on loss of chance principles in Edwards v Hugh James Ford Simey Solicitors [2019] UKSC 54. It held in favour of the claimant rejecting the lawyers' argument that the issue of loss should be determined based on all of the facts available at the date of the professional negligence proceedings.

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Blog

Travelers Insurance Company Ltd (Appellant) v XYZ (Respondents) [2019] UKSC 48

Published on 31 October 2019. By Nick Bird, Partner and Cristina Faro, Associate

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The Supreme Court has reviewed the principles concerning third-party costs orders and ruled that an insurer was not liable for uninsured claimants' costs.

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Publication

Privilege Absolute: documents remain privileged forever, unless privilege is waived

Published on 21 October 2019. By Nick Bird, Partner and Laura Stocks, Senior Associate

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The Court of Appeal has taken a robust stance against an attempt to retrospectively redraw the boundaries of legal professional privilege in the recent decision of Addlesee and others v Dentons Europe LLP1.

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Blog

Lost chances à la Moda

Published on 04 June 2019. By Graham Reid, Legal Director, Professional Regulation and Nick Bird, Partner

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Lost chance case-law has come a long way since the ground-breaking decision in Allied Maples. One of its more interesting offshoots is the case of Moda International Brands Ltd v Gateley LLP & Anor. Moda is required reading for any firm of solicitors who wants to defend a lost chance claim arising from its transactional work for a claimant.

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Blog

What’s gone wrong with putting things right?

Published on 21 May 2019. By Graham Reid, Legal Director, Professional Regulation and Nick Bird, Partner

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Solicitors are becoming concerned about their ability to put things right when they make mistakes. We do not consider that much has changed in this area. It is as important as it has always been for a solicitor to realise if he or she has made a mistake and to think carefully about how to remedy it. This is not an easy task. We hope this article will assist in guiding solicitors and their insurers through this complex area.

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Blog

Supreme Court Refuses to allow a Claim against Lawyers for Loss of a Dishonest Claim

Published on 13 February 2019. By Joe Bryant, Partner and Nick Bird, Partner and Will Sefton, Partner

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On 13 February 2019 the Supreme Court handed down judgment in its first decision on loss of chance principles for 14 years (in Perry v Raleys Solicitors [2019] UKSC 5).

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Blog

SAAMCo and BPE re-affirmed: the proper approach to loss in professional negligence cases

Published on 31 January 2019. By Nick Bird, Partner and Tom Toulson, Associate

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A recent Court of Appeal decision reaffirms the importance of the "information" and "advice" categories when considering the losses for which a professional should be held liable.

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Blog

Court of Appeal enforces fraudster’s claim against lawyers

Published on 08 October 2018. By Nick Bird, Partner

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In Stoffel & Co v Maria Grondona the Court of Appeal applied Lord Toulson’s judgment in Patel v Mirza to permit a fraudulent mortgagor to enforce her claim against her conveyancing solicitors. There may though be stronger grounds for the defence in other claims against professionals.

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Publication

Challenge to SRA intervention rejected

Published on 11 August 2017. By Nick Bird, Partner and Laura Stocks, Senior Associate

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Suspicion of wrongdoing in law firms gives rise to difficult judgments.

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Publication

First advice/information decision after BPE

Published on 13 June 2017. By Nick Bird, Partner

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On 19 May 2017 His Honour Judge Moulder handed down his judgment in the case of the Halsall and others v Champion Consulting Ltd and others [2017] EWHC 1079 (QB).

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Publication

Supreme Court decides on assignment and variation of CFAs

Published on 07 April 2017. By Nick Bird, Partner

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In Plevin v Paragon Personal Finance Limited the Supreme Court determined that a CFA had been validly assigned to a new firm and that variations to it after 1 April 2013 were not new agreements.

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Publication

Supreme Court judgment on SAAMCo

Published on 22 March 2017. By Nick Bird, Partner

On 22 March 2017 the Supreme Court handed down its decision on the application of SAAMCo to claims against professionals.

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Publication

Supreme Court considers the application of SAAMCo to claims against lawyers

Published on 15 December 2016. By Nick Bird, Partner

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The test for remoteness of damage in claims against lawyers is going to be examined today and tomorrow by the Supreme Court. The justices hearing the appeal include the president Lord Neuberger together with Lord Mance, Lord Clarke, Lord Sumption and Lord Hodge.

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