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Dispute Resolution Blog

Professional Negligence – Clearing the Causation Hurdle

An overlooked but important elementIn their recent Blog posts Jamie and Liina looked at how to go about pursuing professional advisors for negligence. Following on in this series I will look at the next element in making a successful claim – clearing the causation hurdle.It is all well and good identifying potentially negligent acts and then instructing an expert to provide you with a report that a professional has acted negligently. But this alone is not enough to pursue a successful claim before the courts. Having established negligence, the next step before finally calculating loss is demonstrating causation. But what does...
  1885 Hits
1885 Hits

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.

  1561 Hits
1561 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...
  1165 Hits
1165 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...
  1310 Hits
1310 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...
  1019 Hits
1019 Hits

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