Carradine Properties Ltd v DJ Freeman and Co: CA 1982

(From 1982) It was alleged that solicitors should have asked their property company client whether it had public liability insurance which would have covered the company’s liability for damage caused by its demolition contractors to a third party.
Held: The solicitors had not been negligent. The judges did not speak with one voice as to the extent that a solicitor may owe duties to his client beyond the terms of his express retainer. Each judge however based his decision on the fact that the solicitors were entitled to assume that their experienced client would have told them if they had insurance; it was not for the solicitors to ask.

Judges:

Lord Denning MR, Eveleigh and Donaldson LJJ

Citations:

[1999] Lloyds Law Rep. P N 483

Jurisdiction:

England and Wales

Cited by:

CitedJohn Mowlem Construction Plc v Neil F Jones and Co CA 1-Jul-2004
The defendant’s solicitors were alleged to have failed to advise their clients when an issue was raised, to notify their professional negligence insurers, with the result that the insurers had been able to repudiate liability.
Held: In the . .
CitedThe Football League Ltd v Edge Ellison (A Firm) ChD 23-Jun-2006
The claimants operated football leagues, and asked the defendant solicitors to act in negotiating the sale of television rights to ONdigital. The broadcasts went ahead, but no guarantees were taken for the contract. The claimants alleged . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 05 August 2022; Ref: scu.198485