Think carefully before you provide a recommendation, says Alec Samuels
In contemporary society, especially in the business and commercial parts of society, it is very common to ask for a recommendation, reference or accreditation verification. Somebody may ask the Law Society for ‘the name of a good solicitor in town A’. Or a solicitor may ask the General Medical Council or a Royal College for the name of a good medical expert to instruct for a possible litigation matter. Or a question may be asked of a bank or an accountancy firm or a pensions consultant or a surveyor practice or a trade association or local trading standards department or one of these bodies that produce directories of experts. Or a name may just be taken from a directory.
Special relationships
The matter may be covered by contract, and accordingly be governed by the terms of the contract. But if there is no contract, and things go badly wrong, then the claimant must seek to rely upon the Hedley Byrne v Heller [1964] AC 465 principle, a principle that has stood
