header-logo header-logo

05 October 2016
Issue: 7717 / Categories: Legal News
printer mail-detail

Solicitors not responsible for stressed clients

Solicitors conducting litigation do not assume liability for the stress imposed on their clients, the High Court has held.

Delivering judgment in Guney v Kingsley Napley [2016] EWHC 2349 (QB), Mrs Justice McGowan criticised the claimant, Gonul Guney, for bringing a “regrettable” professional liability claim against her family’s solicitors in a wills dispute.

Guney argued that she could have settled the claim at an earlier date had she been properly advised, and claimed damages for stress and inconvenience as well as losses. She said she was not claiming for personal injury, but “for physical consequences arising out of a breach of contract”.

Kingsley Napley called for the claims surrounding stress and inconvenience to be struck out.

Ruling in favour of Kingsley Napley, McGowan J said: “This was a not a contract for the provision of a holiday, a pleasurable activity relaxation or peace of mind.

“This was a contract to act in relation to a family dispute over inheritance matters. It is too remote to say that solicitors conducting litigation assume liability for the stresses that that imposes on the litigants involved. It is difficult to imagine what would happen to litigation if there was such a general duty.”

Issue: 7717 / Categories: Legal News
printer mail-details

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