Property Professionals’ Liability Briefing -Case Summaries

In Vision Golf Ltd v Weightmans (2005) the court was not prepared to let the defendant solicitors firm escape the consequences of its wrongdoing by blaming the errors of the firm who was retained by the claimant at a later date.

Here, the defendant solicitors who had been instructed by the claimant in May 2000, failed to apply to the claimant’s landlords for relief from forfeiture. In December 2000, the claimant instructed a new firm of solicitors who advised that an application for forfeiture was likely to fail. The application was eventually made in December 2001 and was dismissed on the grounds of delay. Although the defendant solicitors admitted negligence in failing to apply promptly for relief, they argued that their negligence had not caused any loss because had the second set of solicitors applied for relief in a timely manner, it would have been granted.