A very simple truth
Murdoch, J.
A very simple truth - 2004 - Estates Gazette (0427) 3 July 2004, 127(1) .
Discusses the concept of negligence in the context of actions brought against professional advisers. Negligence consists of a failure to achieve the right standard of reasonable care and skill in the carrying out of a particular task. Looking at the precise terms of the client's instructions alone is insufficient to identify what a professional adviser is expected to do. Looks at cases where it is claimed that the adviser should have gone beyond the client's explicit instructions including the recent Privy Council decision "Riley v Pickersgill and another" ([2004] UKPC 14, [2004] 14 EG 140 (CS)). Concludes that solicitors' negligence cases could be avoided if clients understood better that solicitors are responsible for legal not commercial advice. View "Riley v Pickersgill and another" at www.bailii.org.uk.
PROFESSIONAL ADVISERS
REASONABLE CARE
CLIENTS INSTRUCTIONS
SOLICITORS
CARRADINE PROPERTIES LTD V D J FREEMAN AND CO
REEVES V THRINGS & LONG
PICKERSGILL AND ANOTHER V RILEY
A very simple truth - 2004 - Estates Gazette (0427) 3 July 2004, 127(1) .
Discusses the concept of negligence in the context of actions brought against professional advisers. Negligence consists of a failure to achieve the right standard of reasonable care and skill in the carrying out of a particular task. Looking at the precise terms of the client's instructions alone is insufficient to identify what a professional adviser is expected to do. Looks at cases where it is claimed that the adviser should have gone beyond the client's explicit instructions including the recent Privy Council decision "Riley v Pickersgill and another" ([2004] UKPC 14, [2004] 14 EG 140 (CS)). Concludes that solicitors' negligence cases could be avoided if clients understood better that solicitors are responsible for legal not commercial advice. View "Riley v Pickersgill and another" at www.bailii.org.uk.
PROFESSIONAL ADVISERS
REASONABLE CARE
CLIENTS INSTRUCTIONS
SOLICITORS
CARRADINE PROPERTIES LTD V D J FREEMAN AND CO
REEVES V THRINGS & LONG
PICKERSGILL AND ANOTHER V RILEY