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03 February 2011
Issue: 7451 / Categories: Case law , Law digest
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Solicitor

Hill (by her litigation friend, Rudyard Thorpe) v Fellowes (a firm [2011] EWHC 61 (QB), [2011] All ER (D) 157 (Jan)

A solicitor was generally only required to make inquiries as to a person’s capacity to contract if there were circumstances such as to raise doubt in the mind of a reasonably competent practitioner. The relevant test where professional negligence was alleged, however, was not whether someone should have been more careful.

The standard of care was not that of a particularly meticulous and conscientious practitioner. The test was what a reasonably competent practitioner would do having regard to the standards normally adopted in his profession. There was plainly no duty upon solicitors in general to obtain medical evidence on every occasion upon which they were instructed by an elderly client just in case they lacked capacity. Such a requirement would be insulting and unnecessary. 
 

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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

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Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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