Professional Negligence case update
Before the start of the new judicial term I thought it would be worthwhile pausing and taking stock of some of the professional negligence judgments that have been delivered by the Courts so far this year. We have, therefore, updated our professional negligence case law table which can be accessed here.
The most notable of these is probably the case of BPE v Hughes-Holland which cantered on whether a solicitor's negligent drafting of documents for a property transaction caused the claimant's losses or whether the true cause was the claimant's own commercial misjudgement in making a loan. Whilst the Court did not alter the position as set down in the well-known case of SAAMCO, the distinction made by the court between the provision of advice and the provision of information to a client will be useful in cases such as these going forward and highlights the importance of the retainer's terms.