Where the losses to a lender arising from a claim against a solicitor could properly be seen as in breach of an implied term requiring a retainer to be exercised with reasonable care and skill, that was akin to a claim for negligence, and contributory negligence of the lender could be applied to reduce the damages.
Citations:
Gazette 08-Sep-1999, [1999] EWCA Civ 2029
Links:
Statutes:
Law Reform (Contributory Negligence) Act 1945
Jurisdiction:
England and Wales
Legal Professions
Updated: 31 May 2022; Ref: scu.146944