Whether a party had the appropriate standing to commence an action against another was something which should be within the normal competence expected of a solicitor. It would be wrong to transfer the responsibility for an error as to such capacity to counsel who had not expressly requested to advise on the issue.
Citations:
Times 15-Aug-2000
Jurisdiction:
England and Wales
Professional Negligence, Legal Professions
Updated: 06 August 2022; Ref: scu.81004
