Source: All England Reporter
Publisher Citation: [2008] All ER (D) 436 (Feb)
Neutral Citation: [2008] EWHC 341 (QB)
Court: Queen's Bench Division

Plender J

Representation Richard Devereux-Cooke (instructed by Byrt and Company) for the claimant.
  Annabel Shaw (instructed by CMS Cameron-McKenna) for the defendant.
Judgment Dates: 29 February 2008


Solicitor - Negligence - Litigation - Acts or omissions in conduct of litigation - Divorce proceedings - Ancillary relief proceedings - Ancillary order made against claimant's husband - Bankruptcy order made against claimant's husband - Defendant failing to obtain property adjustment - Whether defendant negligent.

The Case

A claim for damages as a result of the defendant solicitors alleged failure to obtain a property adjustment order against the claimant's husband in ancillary relief proceedings, where a bankruptcy order was made against the claimant's husband, and where he subsequently died, was dismissed. The defendant had no knowledge of the husband's impending bankruptcy and had not been at fault in failing to advise the claimant of the bankruptcy.

Practice Areas

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