This was an action by a mortgagee against the First Defendant for negligence in advising as to the value of the mortgage security and against the Second Defendants for negligence as the Plaintiff’s solicitors. The action against the Second Defendants had been discontinued. The First Defendant, which was in creditors’ voluntary liquidation, took no part in the trial but had served a Defence alleging (inter alia) contributory negligence. The Plaintiff attended to prove its case and contended that no effect could be given to the defence of contributory negligence in the First Defendant’s absence, whatever the state of the evidence.
Held: the issue of contributory negligence, having been pleaded, must be resolved on the evidence, but for that purpose the evidence was that tendered by the Plaintiff, and the Court was under no duty to peruse documents included in the trial bundles but not so tendered. On that basis contributory negligence had not been established in this instance.
Judges:
Hicks QC HHJ
Citations:
[1998] EWHC Technology 320
Links:
Professional Negligence
Updated: 13 June 2022; Ref: scu.201753