*BPE Solicitors and another v Hughes-Holland

Trust and trustee – Breach of trust. The Supreme Court dismissed an appeal and held that the appellant, a semi-retired businessman who had invested £200,000 into a development project, could not attribute the whole of his loss in a loan agreement transaction, where the appellant had instructed the respondent solicitors to draft the necessary facility agreement and charge. The circumstances of the case established that the solicitors had not assumed responsibility on behalf of the appellant to lend the money and had only been responsible for one of the many factors which the appellant had taken into consideration when agreeing to loan the money. The appellant's loss had been as a result of commercial misjudgements on his part and had been no concern of the solicitors.

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