Kandola v Mirza Solicitors Llp: ChD 27 Feb 2015

The claimant alleged professional negligence by the defendant solicitors who had acted for him in the purchase of a property. The deposit paid by the claimant had been lost after being paid to the seller’s solicitors as agents for the vendor. The claimant said that the risks had not been explained.
Held: The claimant was aware of the risks, and had been in direct contact with the sellers and their solicitors.
A solicitor ‘will have fulfilled his duty if he gives an explanation in terms the client reasonably appears to him to be able to understand, and to have understood, even if the client later alleges that he did not in fact understand what was said’

David Cooke HHJ
[2015] EWHC 460 (Ch)
England and Wales
CitedMidland 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 . .
CitedBown v Gould and Swayne CA 1996
Millett LJ commented that if a judge needed assistance with regard to conveyancing practice the proper way was to cite the relevant textbooks. . .
CitedMay v Woolcombe Beer and Watts 1999
Expert evidence was admitted in relation to conveyancing matters where there was no answer provided by textbooks. . .
CitedMoy v Pettman Smith (a firm) and another HL 3-Feb-2005
Damages were claimed against a barrister for advice on a settlement given at the door of the court. After substantial litigation, made considerably more difficult by the negligence of the solicitors, the barrister had not advised the claimant at the . .

Cited by:
CitedSeery v Leathes Prior (A Firm) QBD 24-Jan-2017
The claimant alleged professional negligence against his former solicitors in the settlement of his claim against his former partners.
Held: The claim failed. There had been no clear duty to give the advice the claimant said should have been . .

Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 28 December 2021; Ref: scu.543955