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Dispute Resolution Blog

How to Sue - Expert Report on Negligence

In the third blog in the “How To” series, Jamie Apted looked at some of the situations where a solicitor may have been negligent and in my last blog, I considered the amount of damages that may be recoverable in a negligence action. However, before you can start calculating the amount of damages, you will need to determine whether the professional in question was negligent. It is not enough to say that your case falls within one of the scenarios set out in Jamie’s blog. You will need to go a step further and obtain an Expert Report confirming that the professional was indeed negligent in your case. The fourth blog in the “How To” series will focus on the requirement to obtain an Expert Report.

  1516 Hits
1516 Hits

How to sue – Expert report on negligence

How to sue – Expert report on negligence
IntroductionIn the third blog in the “How To” series, Jamie Apted looked at some of the situations where a solicitor may have been negligent and in my last blog, I considered the amount of damages that may be recoverable in a negligence action. However, before you can start calculating the amount of damages, you will need to determine whether the professional in question was negligent. It is not enough to say that your case falls within one of the scenarios set out in Jamie’s blog. You will need to go a step further and obtain an Expert Report confirming that the...
  1141 Hits
1141 Hits

How Do I Negotiate With My Bank?

How Do I Negotiate With My Bank?
A routine part of any given working day for me generally involves advising people with a wide variety of different types of issues with their bank, on the best way to try to negotiate with their bank. Many people struggle to engage with their financial institution, and find it difficult to establish any sort of ongoing dialogue with the bank. There is often a sensible commercial outcome that benefits both the bank and the customer, but very often the most commercial result for everybody seems to get lost in the mix, with the bank adopting a rigid positional stance, and the...
  1259 Hits
1259 Hits

Important Consultation on the Use of Financial Services by SMEs

Important Consultation on the Use of Financial Services by SMEs
The financial regulator, the Financial Conduct Authority (FCA) is currently consulting on whether there is adequate protection for small and medium-sized enterprises (SMEs) when they use financial products and services. In the introduction to its consultation it states that:“We are asking for your thoughts on whether the level of protection provided to SMEs in our handbook is broadly right; whether our rules should treat more SMEs like individual consumers and extend provisions reserved only for the small SMEs to larger ones; how good practices could be best promoted among firms; and whether more ambitious voluntary standards could provide an alternative to or...
  998 Hits
998 Hits

How Much Can I Recover In Damages in a Professional Negligence Action

How Much Can I Recover In Damages in a Professional Negligence Action
In his last blog, Jamie Apted provided an overview of the test to be applied when determining whether a professional was negligent. Later on this month, Jamie will be focussing on negligence claims against solicitors. This blog, on the other hand, will look at what actually needs to be established to recover the losses complained of.Can I recover all of the losses suffered?The short answer, annoyingly, is that it depends. It depends on what lawyers describe as “the remoteness and foreseeability” of those losses. Courts will only award losses that can be said to have been in the parties’ mind at the time the contract or...
  1583 Hits
1583 Hits

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