Anna Christie v Mary Ward Legal Centre & Anor
[2023] EWHC 1814 (KB)
Solicitors' duty of care extends to advising on matters within their retainer and, exceptionally, on additional risks identified during the retainer.
This judgment
Solicitors are not general business advisors and usually do not have a duty to advise on the prudence of a transaction.
This judgment
A solicitor's duty to explain matters to a client depends on the client's experience; more explanation may be needed for less experienced clients.
Kandola v Mirza Solicitors LLP [2015] EWHC 460 (Ch)
In professional negligence claims, claimants must plead and prove a duty of care encompassing the losses claimed, and a causal link between the breach and the loss.
This judgment
The court may strike out a statement of case if it discloses no reasonable grounds for the claim or is an abuse of process (CPR 3.4(2)).
CPR 3.4(2)
The court may grant summary judgment if a party has no real prospect of success (CPR 24.3).
CPR 24.3
The scope of a solicitor's duty to advise depends on the client's needs and the purpose of the advice.
Carradine Properties Ltd v DJ Freeman & Co [1999] Lloyd’s Rep. P.N. 48
A solicitor's duty may include ensuring that advice is understood, especially for less sophisticated clients.
Dutfield v Gilbert H Stephens & Sons [1988] Fam Law 473
The SRA warning notice on investment schemes is relevant to determining solicitors' duties, but doesn't create a blanket duty to advise against all such transactions.
This judgment
Vincents' application for strike out or summary judgment was adjourned.
The court found that it was premature to decide the application without giving the claimants an opportunity to amend their pleadings to provide more specific details of their claims.
[2023] EWHC 1814 (KB)
[2024] EWHC 870 (KB)
[2023] EWHC 3058 (Ch)
[2024] EWHC 1899 (Ch)
[2023] EWHC 3136 (Ch)