A sleeping partner in a business executed several charges over partnership property, unaware that the funds raised were being used for purposes other than the partnership business. Their solicitors admitted negligence in not advising them sufficiently closely as to the effect of the all monies nature of the charges. A claim was brought to recover money, but then enlarged when the creditor appreciated the extent of the all monies charge. The claimant sought damages for negligence from the solicitor.
Held: The limitation defence succeeded only in part. Where the solicitor had chosen to hide the effect of the clause from his client on signing later charges, liability arising under earlier charges continued.
Judges:
Neuberger J
Citations:
Gazette 18-Jan-2001
Statutes:
Jurisdiction:
England and Wales
Cited by:
Appeal From – Gold v Mincoff Science and Gold (A Firm) CA 19-Jul-2002
. .
Lists of cited by and citing cases may be incomplete.
Professional Negligence, Land, Limitation
Updated: 25 July 2022; Ref: scu.80896
