UPDATE: professional negligence

Spike Charlwood and Luke Wygas report on key cases: Football League, Marplace, Sephton and Abou-Ramah

15 Dec 2006

A person who has instructed a professional to advise him on a transaction and later finds that he has suffered a loss often asks why the professional did not protect him. Sometimes he will be right. Frequently, he will not be, or at least not obviously so, and since SAMMCo [1997] AC 191, the scope of professionals’ duties has been a source of much litigation. In particular, the issue of when a solicitor should give commercial advice, or advice that might be seen as commercial, has given rise to a number of decisions, including Pickersgill v Riley [2004] PNLR 31, PC and Mowlem v Neil F Jones & Co [2004] EWCA Civ 768. More recently, and the main focus of this update, two first instance decisions, Football Lea...

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