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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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Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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