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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Professional Negligence - From: 1849 To: 1899

This page lists 5 cases, and was prepared on 02 April 2018.

 
Batten v Wedgwood Coal and Iron Company (1886) 31 Ch D 346
1886
ChD
Pearson J
Legal Professions, Professional Negligence
A solicitor was held to owe a duty to a party other than his client where, having carriage of the court's order, he failed to comply with the duty (imposed by a rule of court) to lodge a request for the investment of money in court at the Chancery pay office and he was be liable to compensate the other party for the loss. Pearson, J. said: "The conduct of the sale rested with him because he was the solicitor of the Plaintiff, and as such he was discharging the duty which devolved upon him, and no other solicitor would have been entitled to charge for that which he was doing. But he was acting as an officer of the Court, and in that character, I conceive, he was liable to the Court for the due discharge of his duty. Until I am corrected by a higher tribunal I shall hold that the Court has a summary jurisdiction to make a solicitor liable for not properly discharging his duty under such circumstances. I think, therefore, that he is liable to make good to the receiver the loss of interest which has resulted from the non-investment of the money."
1 Citers


 
Cann v Wilson (1888) 39 CH D 39
1888
HL

Professional Negligence
A surveyor was held to have a duty of care to the lender when he was engaged by the purchaser of a property.
1 Citers


 
Cann v Willson (1888) 39 ChD 39; 57 LJ Ch 1034; 59 LT 723; 35 Digest 33
1888


Professional Negligence
Liability of surveyor
1 Citers


 
Knowles v Scott [1891] 1 Ch 717; [1891] 60 LJ Ch 284; [1891] 64 LT 135; [1891] WR 523; [1891] 7 TLR 306
1891

Romer J
Insolvency, Professional Negligence, Company
A company's voluntary liquidator is the company's agent and no action lies against for delay him save in the case of misfeasance or wilful misconduct. He is not a trustee for the creditors or contributories of a company in liquidation. Nor does he have liability as a trustee dealing with his cestui que trust. Without proof of misfeasance or wilful misconduct no action will lie against him for a delay in distributing the assets of the company. Romer J said: "In my view a voluntary liquidator is more rightly described as the agent of the company – an agent who has no doubt cast upon him by statute or otherwise special duties . . If this be the true position of a liquidator, and I think at any rate agency more nearly defines his true position than trusteeship, it is clear that he could not as agent be sued by a third party for negligence apart from misfeasance or personal misconduct."
1 Citers



 
 Le Lievre v Gould; CA 1893 - [1893] 1 QB 491; (1893) 9 The Times LR 243; 62 LJQB 353; 68 LT 626; 57 JP 484
 
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