Share on LinkedIn Tweet This Share on Facebook Share Tweet Share Professional Negligence Newsletter August 2016 John de Waal QC Dear Reader,Welcome to the end of term edition of our Professional Negligence Newsletter. In this edition Jonathan Titmuss refers to recently settled proceedings in which he acted and considers the potential consequences for conveyancing solicitors of a vendor’s bankruptcy. Meanwhile Martyn Griffiths provides his insight on the impact of the new rule on proportionality in costs and the potential consequences for solicitors and their clients. We hope to see you at our next seminar on 20th September (details below). In the meantime, we wish all of our readers a happy summer and look forward to hearing from you next term. Thank you for reading. John de Waal QC Comment Jonathan Titmuss Bankruptcy in conveyancing The scenario is straightforward if probably unusual. A solicitor acts for the purchaser of a house in the usual way. Contracts are exchanged. Between exchange and completion, unbeknown to the conveyancing solicitors (on either side because the vendor has failed to disclose or perhaps even he doesn’t know) the vendor has been made bankrupt. In the absence of any knowledge that the vendor has been made bankrupt the transaction proceeds to completion and funds are transferred in the normal way.Read Jonathan's article Martyn Griffiths Proportionality – the potential effects of a blunt instrument The new rule on the proportionality of costs has been the subject of two recent decisions that have potentially far reaching consequences for all litigants and their representatives. As all litigators will be aware, part of the April 2013 changes to the CPR was a substantial amendment to CPR r.44.3. The addition to r.44.3(2)(a) of the second sentence was intended to overturn the effect of the Home Office v Lownds  EWCA Civ 365 which provided that costs were recoverable even if they were disproportionate provided that they were reasonably and necessarily incurred.Read Martyn's article Upcoming Events 20th September – Evening Seminar Colm Nugent, Sarah Venn and Gemma Witherington will be looking at professional negligence actions arising from the conduct of personal injury litigation: Traps for the unwary in PIPN claims How to bring and value PIPN claims Tactical approaches to defending PIPN claims” If you would like to register for this seminar, please email email@example.com Contact us This edition of the Professional Negligence Newsletter was edited by Martyn Griffiths. If you would like to discuss any of the topics in this newsletter, please contact a member of our Practice Management Team: Deborah Anderson - Practice DirectorRichard Sumarno - Senior Practice Manager Natasha Devlin-Clingham - Practice Manager Rhian Hiscocks - Practice Manager Melissa Wood - Practice Manager To find out more about our professional negligence team and their work, visit the professional negligence page on our website.