Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Queer(y)ing consummation: an empirical reflection on the Marriage (Same Sex Couples) Act 2013 and the role of consummation
Alexander Maine, Lecturer in Law, Leicester Law School, University of LeicesterKeywords: Consummation – adultery – marriage – empirical research – LGBTQConsummation and...
A v A (Return Without Taking Parent) [2021] EWHC 1439 (Fam)
(Family Division, MacDonald J, 18 May 2021)Abduction – Application for return order under Hague Convention 1980 - Art 13(b) defence – Whether mother’s allegations against the father...
Domestic Abuse Toolkit for Employers
The Insurance Charities have released an update to the Domestic Abuse Toolkit for Employers.Employers have a duty of care and a legal responsibility to provide a safe and effective work...
Two-week rapid consultation launched on remote, hybrid and in-person family hearings
The President of the Family Division, Sir Andrew McFarlane, has announced the launch of a two-week rapid consultation on remote, hybrid and in-person hearings in the family justice system and the...
Pension sharing orders: Finch v Baker
The Court of Appeal judgment in Finch v Baker [2021] EWCA Civ 72 was released on 28 January 2021. The judgment provides some useful guidance on not being able to get what are essentially...
View all articles
Authors

NEGLIGENCE/ANCILLARY RELIEF: Williams v Thompson Leatherdale and Francis [2008] EWHC 2574 (QB)

Sep 29, 2018, 16:12 PM
Slug : williams-v-thompson-leatherdale-and-francis-2008-ewhc-2574-qb
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Nov 10, 2008, 04:21 AM
Article ID : 84893

(Queen's Bench Division; Field J; 10 November 2008)

Under the consent order the wife received the matrimonial home and £1.28 million in two lump sum payments, as a clean break settlement. The wife subsequently lost this money in a property development scheme. The wife sued her divorce lawyers, the solicitors and the barrister, for damages, claiming that they had negligently failed to advise her to delay reaching a settlement with the husband until after the House of Lords reached a decision in White v White.

Given that there had been a real possibility that the law would change in favour of applicant wives, especially in big money cases, and given that the total value of the joint assets had been over £4.5 million, the barrister had been under a duty, once he became aware that White was going to the House of Lords, to explain the potential implications of White to the wife, giving her the opportunity to decide whether to suspend negotiations until the Lords' made a decision. The barrister's failure to give that explanation amounted to negligence, and was not a mere error of judgment. The barrister ought to have advised the wife that there was a real, but far from certain, possibility that the decision in White would benefit her, and that she should weigh this against the negatives of abandoning the negotiations, which included ongoing dependence on the husband, the likely hostile reaction of the husband and the children, and the risk that the assets would fall in value. The fact that it seemed unlikely at the time that the wife would choose to postpone negotiations was no reason not to advise her of the potential implications of White. However, the barrister had not been under a duty to advise the wife that she ought to suspend the negotiations, indeed had he advised her that in his assessment she should proceed with the negotiations, that advice would not have been negligent. The wife had failed to prove that she had suffered any recoverable loss by reason of the barrister's negligence; the evidence established that the wife would have concluded the settlement in any event. The wife had failed to establish any negligence on the part of the solicitors, and had also failed to show that she would have repudiated the settlement agreement if the solicitor had invited her to do so after the decision in White was published.

Categories :
  • Archive
  • Judgments
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from