Solicitors’ Duties To Third Parties – A Taxing Issue

Does a solicitor owe duties of care to third parties when advising a client? This question was considered in the well-known House of Lords' decision in White v Jones¹. A solicitor provided negligent advice to a testator in connection with the preparation of a will, causing a beneficiary under that will to suffer loss. There was no contractual relationship between that beneficiary and the solicitor. Nevertheless, in a decision underpinned by social justice considerations, such as the importance of testamentary freedom, the House of Lords held that the solicitor did owe a duty of care to the beneficiary, partly since the absence of any other remedy against the solicitor gave rise to an "undesirable lacuna" in the law.