Matthews v Hunter & Robertson Limited [2008] CSOH 88: Derek Allan, Partner and specialist in professional negligence claims and Tony Jones, Partner and solicitor advocate, successfully defended a potentially ground breaking professional negligence action.
The Pursuer claimed damages against a firm of solicitors alleging that a duty of care was owed by them to him as an executor in addition to a duty owed to the deceased. The Pursuer sought to develop a case based upon the well known House of Lords authority of White v Jones and recover pure economic loss.
The Pursuer claimed that he had lost half of a house because a clause in the deceased's title to the house allowed half the house to pass on death to her ex-husband rather than passing to the beneficiaries under a will.
In White the Lords had developed the law to allow disappointed potential beneficiaries to claim damages from a solicitor who had failed to prepare a new will.
For the full decision, please visit: www.scotcourts.gov.uk/opinions/2008CSOH88.html
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