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09 February 2018 / Alec Samuels
Issue: 7780 / Categories: Features , Profession
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Take my word for it...

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Think carefully before you provide a recommendation, says Alec Samuels

In contemporary society, especially in the business and commercial parts of society, it is very common to ask for a recommendation, reference or accreditation verification. Somebody may ask the Law Society for ‘the name of a good solicitor in town A’. Or a solicitor may ask the General Medical Council or a Royal College for the name of a good medical expert to instruct for a possible litigation matter. Or a question may be asked of a bank or an accountancy firm or a pensions consultant or a surveyor practice or a trade association or local trading standards department or one of these bodies that produce directories of experts. Or a name may just be taken from a directory. 

Special relationships

The matter may be covered by contract, and accordingly be governed by the terms of the contract. But if there is no contract, and things go badly wrong, then the claimant must seek to rely upon the Hedley Byrne v Heller

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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