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 ordinary way, causation could readily be inferred in a case such as this. Whether a solicitor had a duty to question his client as to the availability of insurance was particular to each case. Appeal dismissed.
Judges:
Lord Justice Judge Lord Justice Tuckey Kay, Lord Justice Kay
Citations:
[2004] EWCA Civ 768, Times 27-Aug-2004, (2005) 83 BMLR 175
Links:
Jurisdiction:
England and Wales
Citing:
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 . .
Cited – Credit Lyonnais Sa (A Body Corporate) v Russell Jones and Walker (A Firm) ChD 2-Jul-2002
The claimant sought damages for professional negligence against the defendant solicitors. A corporate lawyer had been assigned to deal with a property matter, and he had failed to appreciate the need to comply strictly with time conditions in a . .
Cited – 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. . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence
Updated: 11 September 2022; Ref: scu.198473