Summary In an application by the defendant to strike out the plaintiff's claim for want of prosecution, the judge was entitled to conclude that, due to inordinate and inexcusable delay of the plaintiff in prosecuting the claim, there was serious prejudice to the defendant and it would not be possible...

Summary Twelve related sample actions against solicitors arising out of losses on mortgage applications made by building society. This report identifies the specific issues related to each individual case. Facts INDIVIDUAL ACTIONS These were twelve sample actions considered in one judgment. In each case the judge dealt with (i) negligence...

Summary Twelve related sample actions against solicitors arising out of losses on mortgage applications made by building society. This report identifies the specific issues related to each individual case. Facts INDIVIDUAL ACTIONS In each case the judge dealt with (i) negligence and/or (ii) breach of fiduciary duty; where he...

Summary The courts continued to express a marked reluctance to find a contractual or tortious duty of care upon bankers as advisers. In appropriate circumstances, injunctive relief was available to prevent related proceedings outside the jurisdiction. Facts Appeal by the defendant merchant bank ('F') against dismissal of its two summonses: ...