|Publisher Citation:|| All ER (D) 294 (Jan)|
|Court:||Court of Appeal, Civil Division|
Mummery, Dyson LJJ and Douglas Brown J
|Representation||James Behrens (instructed by Churchers, Fareham) for the claimant.|
|Clifford Darton (instructed by Bennett Griffin & Partners, Worthing) for the second defendant.|
|The first defendant did not appear and was not represented.|
|Judgment Dates:||31 January 2002|
Solicitor - Duty - Conflict of interest - Acting for both parties in transaction - Loan transaction - Doctrine of abuse of confidence - Solicitor acting for lenders and borrower - Solicitor failing to disclose receipt of service charges from lenders - Borrower agreeing to loan and putting up surety - Surety being called in - Whether doctrine of abuse of confidence capable of applying in transactions where no transfer of property involved - Whether recission of surety only remedy available to court.