LEXLAW Solicitors & Barristers
A recent case of Beattie Passive Norse Ltd Anor v Canham Consulting Ltd highlights the importance of causation and repercussions of providing an inaccurate value of a claim.
In Large v. Hart, the Court of Appeal held a negligent surveyor liable for a house’s full diminution of value as a result of his failure to draw the purchasers’ attention to the property’s defects prior to completion.
In the Solicitors Disciplinary Tribunal case of SRA v David Hayhurst, the issue of whether a solicitor is under an implied duty to carry out work that is reasonably incidental to the retainer was examined.
Claims against solicitors for breach of trust are increasing following losses from property fraud in loan transactions. Recent Court of Appeal rulings confirm solicitors can be liable for parting with loan money before completion, even if acting reasonably and following protocols. However, relief from liability is possible if conduct is reasonable and not causatively linked to loss.