Karim Mohamed | Mayo Wynne Baxter
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Mitchell v News Group International

The Court of Appeal’s decision in Mitchell v News Group International was handed down on 27th November. This considered the effect of the new CPR3.9 and also the decision of Master McCloud in August 2013 in the above case, where she dismissed the Claimant’s application for relief from sanctions, although leave was granted to appeal…. Read the rest of this post (No Comments)

Reforms on Litigation Funding and Costs

The Government is reforming litigation funding and costs.  There are some key changes which may affect you depending on the stage your case has reached. These changes will take effect from 1st April 2013 through Part 2 of the Legal Aid Sentencing and Punishment of Offenders Act 2012, associated Regulations and changes to the Civil… Read the rest of this post (No Comments)

Good Risk Management Avoids Claims

Throughout the last few months, I have shared my top ten tips to avoid claims….. as a professional negligence solicitor. I’ve spent twenty years helping clients with negligence claims against all kinds of professionals – including solicitors, accountants, architects and surveyors. And another word from insurers “Perhaps the most surprising fact about professional negligence claims…..is… Read the rest of this post (No Comments)

TIP 10. And the last tip in the series but definitely not least….. Put it in writing

And a word of caution from insurers also. “One of the biggest safety measure that any professional can take is to make adequate file notes. Very often the lack of a note can create a claim, as there is no proof that good and adequate advice was given: the presence of a file note can… Read the rest of this post (No Comments)

TIP 9. Saying no Or put another way – “Why did I take this client on in the first place?”……

Sometimes I hear about a claim that went wrong from the moment a client signed up. Despite the pressures to attract clients and rack up billable hours there are times when a case costs more than it’s worth. It may be a situation outside your experience, the fact that your best advisors are already overloaded… Read the rest of this post (No Comments)

TIP 8. Whose interest is it anyway?

Confusion over whose interest you represent is another common trap. When a case involves many parties it can be far from simple. An architect instrumental in creating the famous biomes of the Eden project was involved in a case that hinged on this point. His lawyers set up a charitable trust without explaining that this… Read the rest of this post (No Comments)

TIP 7. The right people for the job and is it a case of ‘out of sight, out of mind’?

Have you heard this before? “Sorry, the file was passed to me for research on an obscure and difficult point. It’s been festering on my window sill ever since…” “I have the file for research – unfortunately I went sick the day after it was given to me and I forgot all about it until… Read the rest of this post (No Comments)

TIP 6. Identifying risk effectively or ‘ is your practice the subject of the next news headline’?

A recent article in the Law Society Gazette warns that ‘Cybercrime is with us and it’s a growth area’. There is potential for loss of paper-based client data, but the risk is not as great as where data is stored electronically without robust systems protecting it from attack. So, have professionals thought strategically about data… Read the rest of this post (No Comments)

TIP 5 – The F word

Hands up who gets excited about filing? Me neither; but there are few costlier mistakes than incomplete records. A client of mine learnt this the hard way when buying a nursing home. She thought she was buying outright, but the seller wanted to retain an interest. Unfortunately my client’s lawyer went on holiday just before… Read the rest of this post (No Comments)

TIP 4. Watch your emails

The sheer volume of email makes keeping a check on it feel like an impossible task. Yet it’s frighteningly true that grounds for negligence or statutory penalties can come at the click of a mouse. As an example, last week the legal press reported that the Information Commissioner’s Office (ICO) found Stoke-on-Trent Council in serious… Read the rest of this post (No Comments)