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Negligence – causation?

The principle set out in Donoghue v Stevenson was that a manufacturer owes a duty to the end user to take reasonable care to ensure that the produce (in that case, ginger beer) will not cause personal injury to the user. That principle was later extended to include damage to property. The key point to note here is the word ‘cause’ – what we lawyers term causation.

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Negligence – second valuation

A first valuation takes place, followed by a second valuation, at which time the first loan is discharged, and replaced by a second loan. The current state of the law means that if the second valuation is negligent, the lender will only have a claim against the valuer if the first valuation was also negligent. This seems a strange and undesirable outcome, but this is the risk that a lender takes on a refinancing. Specifically:

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Occupiers’ liability – visitor

The trend over the last decade has been to limit the liability of occupiers to visitors who are injured by low-risk hazards. But, a recent High Court decision shows that liability can attach.

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Nuisance – injunction?

A year ago, in Lawrence [2014], the Supreme Court adopted a considerably more flexible stance on whether an injunction or damages should be granted against a nuisance (in that case, noise from a nearby racetrack). 

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Defamation – website

The Defamation Act 2013 contains two new defamation defences for website operators.

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Snow and ice – liability

This winter’s snow and ice raised obvious questions as to the obligation to clear away snow and ice from commercial premises that are open to members of the public. 

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Breach of trust – damages

As we have previously noted, claims by lenders against conveyancing solicitors were traditionally framed as negligence claims. Now, however, the lender will do everything it can to structure it as a breach of trust claim.

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Valuation – margin of error

The High Court has recently reconfirmed that the ‘permissible margin’ of error in a negligent valuation case will be 5% for a ‘standard’ residential property and 10% for a ‘one-off’ property. 

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Conveyancing – breach of trust

Claims by lenders against conveyancing solicitors were traditionally framed as negligence claims. Now, however, the lender will do everything it can to structure it as a breach of trust claim.

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Negligence – insolvency practitioners

The recession has led to a marked growth in the amount of work for insolvency practitioners (IPs), and that in turn has led to a growth in negligence claims against them. But, it is difficult to win such a claim:

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Most-read articles

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
Wednesday, 11 July 2018
From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references: Read more...

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