Speaking of the judgments in Caparo, Hobhouse J said: ‘The speeches of both Lord Bridge and Lord Oliver analysed the criteria necessary for the existence of a duty of care. They both concluded that the criteria included the identification of a transaction which it could be said was the purpose (or, possibly, a purpose) of the giving of the advice or the making of the statement and the foreseeability that the advice or statement would be relied upon (maybe, relied upon without independent enquiry) in relation to that transaction.’
Judges:
Hobhouse J
Citations:
[1993] BCLC 1045
Jurisdiction:
England and Wales
Citing:
Cited – Caparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
Cited by:
Cited – DP Mann and others v Coutts and Co ComC 16-Sep-2003
The claimants were involved in litigation, They took certain steps on the understanding that the respondents had had deposited with them substantial sums in accounts under binding authorities. The bank had written a letter upon which they claim they . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence
Updated: 06 May 2022; Ref: scu.186281