The claimant had instructed the defendant firm of solicitors in civil proceedings. At a later time, she was prosecuted convicted and sentenced for criminal acts. She claimed that the defendant solicitor who had come to believe that she did not have mental capacity, should have passed on that view to the other firm, which may have affected the outcome of her criminal trial.
Held: The claim failed. The solicitor had no duty to inform the other solcitor of his view. The second solicitor could be assumed toi be able to make such an assessment himself, and it would have been a breach of his duty of confidence to the claimant.
Judges:
Sir Andrew Morritt, VC
Citations:
Times 10-Dec-2003, [2003] EWHC 3334 (Ch), [2007] Lloyd’s Rep PN 10
Links:
Jurisdiction:
England and Wales
Cited by:
See Also – Marsh v Sofaer and Another ChD 25-May-2006
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Lists of cited by and citing cases may be incomplete.
Legal Professions, Professional Negligence
Updated: 08 June 2022; Ref: scu.188701