McCann v Waddell & MacIntosh Solicitors and others

Professional negligence – Duty of care. Court of Session: In an action for damages by a property developer who claimed that a solicitor's negligence had resulted in him becoming bound to a contract for the sale of subjects containing an option to the purchasers to resile if planning consent was not obtained within a specified period but no equivalent option to him as seller to withdraw, and that the inability to withdraw caused him to lose the opportunity to accept another prospective purchaser's offer at a much enhanced price, the court held that the defenders had succeeded in establishing that they were not guilty of a failure to exercise reasonable care, and that even if it had concluded otherwise the pursuer had failed to prove any consequential damage.

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