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Professional negligence – Solicitor – Duty of care. Court of Session: In an action in which a bank sought damages for loss it claimed to have suffered as a result of its reliance on statements a solicitor made in an email during a property transaction, alleging it was misled into discharging security over three properties owned by the solicitor's client when only one property should have been released from security, the court held that there were misstatements in the email but that it was not reasonable for a bank in the pursuers' position to rely on the erroneous information without checking its accuracy; and that a solicitor in the first defender's position would not foresee that such a bank would reasonably rely on that information without carrying out such a check.
Professional negligence – Solicitor – Duty of care. Court of Session: In an action in which a bank sought damages for loss it claimed to have suffered as a result of its reliance on statements a solicitor made in an email during a property transaction, alleging it was misled into discharging security over three properties owned by the solicitor's client when only one property should have been released from security, the court held that there were misstatements in the email but that it was not reasonable for a bank in the pursuers' position to rely on the erroneous information without checking its accuracy; and that a solicitor in the first defender's position would not foresee that such a bank would reasonably rely on that information without carrying out such a check.
The Chair of the Bar reports back
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Not yet, says Jacob Turner. Regulation, unlike the technology itself, is a domain the legal profession can still control
