Hirst v Etherington and Another: CA 21 Jul 1999

A solicitor, who re-assured a lender that his guarantee of a borrower’s loan, was given by him in the normal course of business, was not in fact so acting. The lender, if wanting to rely upon that re-assurance to claim against the solicitor’s partner, was to show reasonable care and competence in assessing whether the assurance was given in the normal course of a solicitor’s practice.


Times 21-Jul-1999, Gazette 11-Aug-1999, [1999] EWCA Civ 1850, [1999] Lloyds Rep PN 938




England and Wales

Cited by:

CitedJ J Coughlan Ltd v Ruparelia and others CA 21-Jul-2003
The defendant firm of solicitors had acted in a matter involving a fraud. One partner was involved in the fraud. The claimants sought to recover from the partnership.
Held: ‘The issue is not how the transaction ought properly to be described, . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Professional Negligence

Updated: 19 May 2022; Ref: scu.81393