Share on LinkedIn Tweet This Share on Facebook Share Tweet Share Professional Negligence Newsletter October 2017 John de Waal QCElectronic Disclosure Law and Practice - Michael Wheater and Charles Raffin Dear Reader,Welcome to the October edition of our Professional Negligence Newsletter.I am delighted to report that Hardwicke achieved excellent results in the recently published Legal 500 Bar Directory. The professional negligence team did particularly well. Not only did we move up a tier in the list of recommended sets but we also had new recommendations in this category for Paul Reed QC, Thomas Bell and Catherine Piercy as well as James Hall moving up a tier. Legal 500 referred to members' “good experience” and the fact that we are “excellent on complex construction cases as well as more general professional negligence claims”. The directory also stated that, as a chambers, we are “a very forward-thinking and user-friendly chambers where barristers are not only talented but also well versed in modern technology, responsive and very open about their workloads to assist with managing client expectations…The service provided is far ahead compared to other sets and the clerking is also the best providing innovative fee structures, great administrative support and understanding of both solicitors and barristers’ needs”.In this edition of the newsletter Laurence Page considers the connection between the scope of solicitors’ duty and their remuneration following Graham Thomas v Hugh James, and Simon Kerry casts a forensic eye over the accrual of causes of action following Halsall v Champion Consulting.I would also take this opportunity to recommend to you a new text book: “Electronic Disclosure; Law and Practice” edited by Michael Wheater and Charles Raffin. It is an essential text in an important and developing area. A 20% discount can be obtained by referring to the attached promotional code.Finally, the Professional Negligence team’s programme of seminars for 2017-8 commences with a breakfast seminar on surveyor’s negligence that I will be presenting with Emma Hynes on 7th November. Please contact Ashley Allen for more details.Thank you for reading.John de Waal QC Comment - Graham Thomas v Hugh James Laurence Page When must a client be saved from himself? It is all a question of money says the Court of Appeal.Do solicitors’ duties depend on how much they are paid? Are clients entitled to expect the same level of service from solicitors when they are strapped for cash? In Thomas v HJFS, the Court of Appeal has suggested that the standard of professional duties could be lowered when they are provided at a discount.In Thomas v HJFS, the Court of Appeal (Jackson LJ giving judgment) suggested exactly this when dismissing an appeal by Mr Thomas, whose original claim for breach of duty of care against his former solicitor had also failed.Read Laurence's full article here. Comment - Halsall v Champion Simon Kerry Bad advice, limitation and tax avoidanceWhen does the claimant’s cause of action accrue in a professional negligence case? In particular, at what point has the claimant suffered a recoverable loss? This question is of course most relevant when a potential limitation defence arises under section 2 of the Limitation Act 1980, and is an issue that the courts have struggled with for some time. The recent case of Halsall v Champion Consulting Limited  EWHC 1079 (QB) serves as a useful reminder of the difficulties that can arise in this area.Read Simon's full article here. 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 DirectorJames Duncan-Hartill, Practice ManagerPatrick Sarson, Practice ManagerClarissa McInally, Practice ManagerTo find out more about our Professional Negligence team and their work, visit the Professional Negligence page on our website.