Source: All England Reporter
Publisher Citation: [2002] All ER (D) 113 (Jan)
Court: Queen's Bench Division

Gibbs J

Representation Robert Deacon (instructed by Seddons) for the claimant.
  Andrew Nicol (instructed by DLA, Birmingham) for the defendant.
Judgment Dates: 18 January 2002


Solicitor - Negligence - Inadequate advice - Solicitor retained to advise on draft contract between company and self-employed agent - Solicitor failing to advise on effect of specific legislation - Self-employed agent seeking indemnity under legislation - Whether solicitor in breach of duty of care.

The Case

In an action for damages against a solicitor who had been retained to advise on a contract between a company and a self-employed agent, it was held that the defendant had been negligent in failing to advise on any possible consequences arising from the applicability of the Commercial Agents (Council Directive) Regulations 1993 to the contract.

Practice Areas

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