Lyons v Fox Williams: Solicitors Duty To Warn

Court of Appeal rejects argument that a solicitor had a duty to warn

The claimant was injured in a road accident in Russia. He sought to claim under two insurance policies taken out by his employer for the benefit of its employees: (1) an Accidental Death and Dismemberment ("AD&D") policy and (2) a Long Term Disability ("LTD") policy. The claimant alleged that his solicitor's advice regarding the AD&D policy was negligent, but that claim settled. He also alleged that the solicitor's handling of his LTD policy claim had been negligent but at first instance it was held that, on the facts of the case, the LTD claim had fallen outside of the scope of the solicitor's retainer and nor was the solicitor under a duty to warn the claimant of the scope and validity of the LTD policy. The claimant was given permission to appeal the duty to warn point.