Professional Negligence, Solicitors: Recent Case Law, 2014

Jack Anderson

Research output: Working paper

Abstract

In preparation for this talk I have reviewed cases of interest in the High Courts and Courts of Appeal of England and Wales and Northern Ireland from the past two years or so on professional negligence and liability and principally relating to solicitors.

There are six topics of interest: the general duty of care demanded of solicitors in the carrying out of their professional obligations; whether there is a specific duty on a solicitor to warn or advise a client of any implied risk in, say, a commercial transaction; what is the scope of the duty on a solicitor to explain the content of or clauses in a legal document; a recent case of interest applying the White v Jones principle to a disappointed beneficiary seeking to make a claim against a solicitor who negligently prepared a will; the practical, limitation issue of how to pinpoint in a professional negligence claim when the damage was first sustained by the claimant; and finally some case law here and in England and Wales on the (costs) implications for solicitors relating to any failure to adhere to case management protocols or related court directions.
Original languageEnglish
PublisherSSRN
Number of pages13
DOIs
Publication statusPublished - 20 Mar 2014

Bibliographical note

Queen's University Belfast Law Research Paper No. 2014-04
Conference Paper at Professional Negligence for Private Client Practitioners STEP Northern Ireland Stormont Hotel, Belfast, 28 Feb 2014

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