Source: All England Reporter
Publisher Citation: [2002] All ER (D) 292 (Jul)
Court: Chancery Division

Lawrence Collins J

Representation Mark Warwick (instructed by Howard Kennedy) for the claimant.
  Stephen Jourdan (instructed by Barlow Lyde & Gilbert) for the defendants.
Judgment Dates: 19 July 2002


Solicitor - Negligence - Advice - Claimant alleging advice given by defendants' solicitors firm in relation to occupation of commercial premises negligent - Whether agreement amounting to tenancy or licence - Whether defendants negligent - Landlord and Tenant 1954, s 4(3).

The Case

In negligence proceedings arising out of advice given by the defendants' solicitors firm to the claimant with regard to the occupation by a third party of premises of which the claimant was the lessee, the court ruled, inter alia, that on the evidence, the defendants had advised the claimant that the arrangement with the third party was a tenancy, advice which the claimant had rejected in its dealings with the third party, and accordingly the claim would fail.

Practice Areas

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