Although the Bowerman duty is a species of obligation which the court will ordinarily imply where a solicitor acts for a lender, it will not imply such an obligation when to do so is inconsistent with the express terms of the retainer or with the surrounding circumstances of the relationship
Judges:
Blackburne J
Citations:
[1999] 1 Lloyd’s Rep PN 241, per
Jurisdiction:
England and Wales
Citing:
Cited – Mortgage Express Ltd v Bowerman and Partners (A Firm) CA 1-Aug-1995
A solicitor acting for both a lender and a borrower was under a duty to disclose relevant information to the lender client. An incident of their duty to exercise reasonable care and skill, solicitors are obliged to advise their lender client in . .
Cited by:
Cited – E.Surv Ltd v Goldsmith Williams Solicitors ChD 10-Apr-2014
The claimants had been found liable for mis-valuation of a property. They now sought a contribution from the solicitors acting uunder the mortgage saying that had they acted properly, they would have alerted the lender, and in turn the claimant of . .
Lists of cited by and citing cases may be incomplete.
Legal Professions, Professional Negligence
Updated: 11 May 2022; Ref: scu.523690