Source: All England Reporter
Publisher Citation: [2002] All ER (D) 415 (Mar)
Court: Chancery Division
Judge:

Judge Rich QC sitting as a judge of the High Court

Representation Paul Parker (instructed by Fladgate Fielder) for the claimant.
  James Thom (instructed by Reynolds Porter Chamberlain) for the defendant.
Judgment Dates: 26 March 2002

Catchwords

Solicitor - Negligence - Damages - Defendant firm undertaking investigations as to title to property on claimant's instructions - Defendant firm stating no tenancies affecting property - Property in fact subject to valid tenancy - Claimant sustaining loss - Whether defendant liable to claimant in damages - Whether claimant contributorily negligent.

The Case

In an action for damages brought by the claimant against the defendant firm of solicitors, the court ruled that the defendant was liable to the claimant but that its liability would be reduced by 60% in view of the contributory negligence of the claimant.

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