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Solicitor – Negligence. The claimant had instructed the defendant solicitors to act for her in purchasing a property. The solicitors did not advise her about restrictive covenants that affected the property. She carried out works in breach of the covenants and the neighbour with the benefit of the covenants complained. The claimant instructed the defendants to act for her. They did not, for some time, advise her to stop all works on the property but, when they did, she continued the works and the neighbour took out an injunction. The Recorder found the defendant had failed to make clear that the works had to stop and that, had the claimant known of the covenants, she would not have gone ahead with the purchase. Damages were awarded. The Court of Appeal, Civil Division, held that the Recorder had erred in finding that the bringing of the injunction proceedings had been caused by the defendant's negligence, but that his conclusion that the claimant would not have gone ahead with the purchase had been correct. The appeal against the calculation of damages was successful in part.
Solicitor – Negligence. The claimant had instructed the defendant solicitors to act for her in purchasing a property. The solicitors did not advise her about restrictive covenants that affected the property. She carried out works in breach of the covenants and the neighbour with the benefit of the covenants complained. The claimant instructed the defendants to act for her. They did not, for some time, advise her to stop all works on the property but, when they did, she continued the works and the neighbour took out an injunction. The Recorder found the defendant had failed to make clear that the works had to stop and that, had the claimant known of the covenants, she would not have gone ahead with the purchase. Damages were awarded. The Court of Appeal, Civil Division, held that the Recorder had erred in finding that the bringing of the injunction proceedings had been caused by the defendant's negligence, but that his conclusion that the claimant would not have gone ahead with the purchase had been correct. The appeal against the calculation of damages was successful in part.
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
Is now the time to review your financial position, having reached a career milestone? asks Louise Crush
If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
If your current practice environment is bringing you down, seek a new one. However daunting the change, it will be worth it, says Anon Barrister
Creating advocacy opportunities for juniors is now the expectation but not always easy to put into effect. Tom Mitcheson KC distils developing best practice from the Patents Court initiative already bearing fruit
National courts are now running the bulk of the world’s war crimes cases and corporate prosecutions are part of this growing trend, reports Chris Stephen
Let’s hear it for the assessors, says Dame Anne Rafferty of the KC Selection Panel. And to make silk assessors’ lives a little easier when applicants come calling in May, Dame Anne fields some commonly asked questions
