Category: Professional Indemnity

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Professional Negligence: Solicitors duty to warn of obvious risks

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.

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A Warning to Lawyers in Professional Negligence Claims: Solicitors owe a duty to warn clients of risks

A solicitor is not under a general duty to warn clients about risks relating to matters which fall outside the scope of the client retainer; a potential professional negligence claim exists where there is a failure to warn as to risks which are material to the retainer.

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Property Fraud: Breach of trust claims against solicitors

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.