The claimants were clients of a firm of solicitors. At the suggestion of the solicitors, they entered into a partnership with the solicitors to run a hotel. No suggestion was made that they should seek independent advice. The business failed, and they claimed damages for professional negligence.
Held: The duty to the client was paramount, including the duty to cause the client to receive independent legal advice. The defendant’s solicitors’ fiduciary duty extended beyond the termination of the retainer. The proceedings being amended to add a claim for breach of fiduciary duty, they were entitled to equitable compensation for losses occasioned.
Judges:
Lord Justice Laws, Lord Justice Mummery, Sir Anthony Evans
Citations:
Gazette 06-Sep-2001, Times 18-Sep-2001, [2001] EWCA Civ 1219, [2002] 1 WLR 470
Jurisdiction:
England and Wales
Cited by:
Cited – Ratiu, Karmel, Regent House Properties Ltd v Conway CA 22-Nov-2005
The claimant sought damages for defamation. The defendant through their company had accused him acting in such a way as to allow a conflict of interest to arise. They said that he had been invited to act on a proposed purchase but had used the . .
Lists of cited by and citing cases may be incomplete.
Legal Professions, Equity
Updated: 08 May 2022; Ref: scu.159910