header-logo header-logo

03 September 2009 / Louis Flannery KC
Issue: 7383 / Categories: Features , Profession , Professional negligence
printer mail-detail

Hope springs eternal?

Louis Flannery examines cases of alleged solicitor negligence

Hope springs eternal: man is ever-optimistic, or so thought Pope in 1733 in his Essay on Man. As solicitors, we all try to be as optimistic in our advice to clients as we can. Nevertheless, be careful: the dangers of being over-optimistic in the context of legal advice were spelled out earlier this year in a case involving a magic circle firm advising clients in relation to a substantial and complex dispute.
 

No solicitor goes out of their way to be negligent: being sued by a client can never be a pleasant experience. Although solicitors’ negligence cases usually arise from transactional work, in the litigation field the most common cause for complaint is a failure to issue or serve proceedings before the expiry of the relevant limitation period. In 2004, the Court of Appeal delivered its judgment in the case of Dixon v Clement Jones, a case of solicitor negligence involving a failure to issue proceedings in time, in a “loss of chance” case: see [2004] NLJ 1532. The following year, the same court

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll