The claim was against a solicitor for negligence. The claimant had purchased a property in respect of which there was an unsettled dispute, He claimed that the solicitor had accepted a condition under which he accepted a proportion of the liability for the action. The estate of the client now appealed a finding of no damages for the one head of liability allowed.
Held: The court must examine the scope of the relevant duty by reference to the kind of damage from which the solicitor must take care to save the plaintiff harmless. The transaction was entirely neutral as to the value of the assets eventually held by the estate. The appeal failed.
Judges:
Lord Justice Potter Lord Justice May Sir Murray Stuart Smith
Citations:
[2002] EWCA Civ 194
Links:
Jurisdiction:
England and Wales
Citing:
Cited – South Australia Asset Management Corporation v York Montague Ltd etc HL 24-Jun-1996
Limits of Damages for Negligent Valuations
Damages for negligent valuations are limited to the foreseeable consequences of advice, and do not include losses arising from a general fall in values. Valuation is seldom an exact science, and within a band of figures valuers may differ without . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence, Legal Professions
Updated: 05 June 2022; Ref: scu.167914
