Source: All England Reporter
Publisher Citation: [2005] All ER (D) 152 (Jul)
Court: Queen's Bench Division
Judge:

Simon J
Representation The second claimant appeared in person on his own behalf and on behalf of the other claimants.
  Mark Cannon (instructed by Reynolds Porter Chamberlain, Tiverton) for the second defendant.
Judgment Dates: 13 July 2005

Catchwords

Solicitor - Negligence - Duty of care - Conduct of litigation - Solicitor acting for clients in respect of claim brought by bank on guarantees provided by shareholders of company - Company subsequently bringing action against bank - Action time barred - Whether solicitor exercising duty of care.

The Case

In the circumstances of the case, the second defendant solicitor had not owed the first claimant company a duty of care in respect of advice given to the second and third claimants, who were shareholders of the first claimant, since he had not been retained by the first claimant. In respect of the advice given to the second and third claimants, the second defendant had exercised the required duty of care.

Practice Areas

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