The defendants appealed againt a finding of negligence with regard to the execution of a second mortgage. The claimant said she had not been properly advised about the consequences of a charge to secure repayment of her husband’s debts. She said she had not been advised that on a bankruptcy, her own share in the property would be protected.
Held: The judge’s interpretation of the attendance notes, and his conclusion were inconsistent. He should have found that the risks and consequences had been explained.
Judges:
Lord Justice Longmore, Mr Justice Carnworth
Citations:
[2001] EWCA Civ 996
Links:
Jurisdiction:
England and Wales
Legal Professions, Professional Negligence
Updated: 01 June 2022; Ref: scu.160084