The claimants sought to pursue an action in negligence against their solicitors saying that they had conducted another case negligently, and thereby they had lost their chance in the action, on the basis that the hotel at the centre of the action had a value attributed of ten million pounds when it should have been eighteen million.
Held: The defendant lawyer should have taken the time to obtain leading counsel’s advice. As a relatively inexperienced solicitor he was not given the support he needed from senior staff. The claimant’s case was made out to that extent, but even had advice been taken, the result would have been the same: ‘Such advice would not have been negligent, even if with the benefit of hindsight it may appear to have been mistaken, and RJW could not have been criticised for following it. I am therefore unable to see any basis for saying that RJW were themselves in breach of duty by failing to prepare such evidence in reply, or failing to obtain a further valuation. The case succeeds in part on liability, but fails on causation. ‘
Judges:
Henderson J
Citations:
[2007] EWHC 940 (Ch)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Duchess of Argyll v Beuselinck ChD 1972
The court found that the plaintiff’s solicitor had not been under a duty to give tax advice in the context of the particular transaction. The performance must be judged in the light of the events known at the time. The court advised against the use . .
Cited – Saif Ali v Sydney Mitchell and Co (a Firm) HL 1978
Extent of Counsel’s Immunity in Negligence
The House considered the extent of a barrister’s immunity from action in negligence, and particularly whether it covered pre-trial acts or omissions in connection with civil proceedings.
Held: A barrister’s immunity from suit extended only to . .
Cited – Midland Bank Trust Co Ltd v Hett Stubbs and Kemp (a firm) ChD 1978
A solicitor had failed to register an option as a land charge over property. The court was asked what steps should have been taken by a solicitor in the conduct of a claim: ‘Mr Harman [leading counsel for the plaintiff] sought to rely upon the fact . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence
Updated: 25 July 2022; Ref: scu.251539