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29 May 2008 / Tim Shepherd , Andrew Blair
Issue: 7323 / Categories: Features , Procedure & practice , Profession , Costs
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Who can sue?

Do solicitors who give negligent IHT advice owe a duty of care to an intended beneficiary? Andrew Blair and Tim Shepherd report

The question of whether a solicitor owes duties of care to third parties when advising a client was considered in the House of Lords' decision in White v Jones [1995] 2 AC 207, [1995] 1 All ER 691. A solicitor provided negligent advice to a testator in connection with the preparation of a will, causing a beneficiary to suffer loss. There was no contractual relationship between that beneficiary and the solicitor. Nevertheless, in a decision underpinned by social justice considerations, the House of Lords held that the solicitor did owe a duty of care to the beneficiary, principally because the absence of any other remedy against the solicitor gave rise to an “undesirable lacuna” in the law.

Claimants have since sought to apply the principles laid down in White v Jones to different circumstances, such

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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