Atkins v Dunn and Baker (A Firm): CA 19 Feb 2004

The claimant’s father had made a will leaving everything to her, but he had then remarried. He instructed his solicitors to prepare a will to revive the gift to her. They sent him a draft but did not chase it when it was not approved. It was agreed that the claimant was owed a duty of care. The recorder had concluded that there was no duty further to chase a client who may not have wished to take the matter any further.
Held: There may not always be a duty to chase up a client. This client was known to be meticulous, and his failure to reply seen properly as choosing not to go ahead. The appeal failed.

Judges:

Lord Justice Pill Lord Justice Thomas Lord Justice Jacob

Citations:

[2004] EWCA Civ 263

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedWhite and Another v Jones and Another HL 16-Feb-1995
Will Drafter liable in Negligence to Beneficiary
A solicitor drawing a will may be liable in negligence to a potential beneficiary, having unduly delayed in the drawing of the will. The Hedley Byrne principle was ‘founded upon an assumption of responsibility.’ Obligations may occasionally arise . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Wills and Probate

Updated: 03 July 2022; Ref: scu.194417