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Standard of care in professional negligence claims

This Practice Note considers the standard of care in professional negligence claims, originally formulated in Bolam v Friern Hospital as being that of ‘reasonable skill and care’ and how the test is applied in practice; the relevance of the Montgomery v Lanarkshire Health ‘material risk’ question, the duty to warn and the relevance of industry opinion.It also considers some examples from the construction, financial services and accountancy industries and as regards the position of trade unions. Given the wealth of case law in this area, the standard of care expected of solicitors and barristers is considered in Practice Note: Standard of care—solicitors and barristers.Reasonable skill and care—the ‘Bolam test’The 1957 decision in Bolam v Friern Hospital has long stood as the accepted standard of care in professional negligence cases, as being that of ‘reasonable skill and care’.In Bolam, McNair J said that:‘…where you get a situation which involves the use of some special skill or competence, then the test as to whether there has been negligence or not is not...

Bringing a professional negligence claim based on the duty in contract, tort and equity

This Practice Note considers the different legal bases for bringing a professional negligence claim, ie founding the existence of the professional’s duty to the claimant. Sometimes the question of whether a duty exists is bound up with questions as to the specific loss being sought to be recovered and thus the scope of the duty and related issues, for guidance on which see: Professional negligence claim—scope of duty, causation and remoteness—checklist and related content.For guidance on how to commence a professional negligence claim, see Practice Notes:•Starting a professional negligence claim—a practical guide•Pleading professional negligence claims—worked hypothetical examples and related precedentsFor guidance on the standard of care in professional negligence claims, see Practice Notes:•Standard of care in professional negligence claims•Standard of care—solicitors and barristersGuidance on parties to professional negligence claims and the role of the Pre-Action Protocol for Professional Negligence claims includes Practice Note: Professional negligence claims—the pre-action protocol.For a summary of the key and illustrative decisions in negligence (including professional negligence) cases dating from 1 January 2020 onwards, see Practice...

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Letter of instruction to single joint expert—employment tribunal proceedings

Letter of instruction to single joint expert—employment tribunal proceedings STOP PRESS: The Employment Tribunal Procedure Rules 2024, SI 2024/1155 (ET Rules 2024) in force from 6 January 2025, replace the ET Rules 2013 set out in Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237 from that date. The Employment Tribunals (Procedure Rules) (Consequential Amendments) Regulations 2024, SI 2024/1156, also in force 6 January 2025, primarily amend the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237 to facilitate the coming into force of the ET Rules 2024. Presidential Guidance and Practice Directions will be amended to reflect the new rules in due course. For a destination table showing how the ET Rules 2024 correspond to the ET Rules 2013, and incorporating notes on the changes, see Practice Note: Employment tribunal rules of procedure 2024—destination table. This Practice Note will be updated in light of the ET Rules 2024 as soon as possible. Private...

Reliance agreement

Reliance agreement This Agreement is made on the [insert date] day of [insert month] 20[insert year] Parties 1 [insert name of party], a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Consultant); and 2 [insert name of party], a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Beneficiary). Background (A) The Consultant was engaged by [insert name] (Client) to carry out the Services at the Property and prepare the Report[s] (B) The Beneficiary is [insert beneficiary’s connection with the Property] and seeks to rely on the Report[s] The parties agree: 1 [insert details] 2 Definitions and interpretation 2.1 In this Agreement, unless otherwise provided: Report[s] • mean[s] [insert name of environmental report/s] [insert reference] prepared for [insert client name] [insert date] Property • means [insert address] Services • means [insert description of Consultant’s services] 2.2 References to the Consultant and the Beneficiary shall include their respective successors in title....

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How does the JCT Design and Build Contract 2024 address liability under the Defective Premises Act 1972?

How does the JCT Design and Build Contract 2024 address liability under the Defective Premises Act 1972? The Defective Premises Act 1972 (DPA 1972) imposes statutory duties on parties providing works and services in relation to dwellings (ie residential properties). Specifically, under DPA 1972, a person who takes on work: • for, or in connection with, the provision of a dwelling (DPA 1972, s 1(1)), or • in relation to a building containing one or more dwellings (DPA 1972, s 2A), owes a duty to ensure that the work is done in a workmanlike or, as the case may be, professional manner, and with proper materials, so that on completion of the work the dwelling is ‘fit for habitation’. The persons who owe these duties (ie, those taking on the works) include contractors, designers and property developers providing works and services in relations to dwellings. The parties to whom the duties are owed include those with legal or equitable interests in the affected dwellings, such as purchasers or...