Padden v Bevan Ashford (A Firm)

Padden v Bevan Ashford (A Firm)

The solicitors breached their duty by failing to properly advise Mrs. Padden of the true risks and the likelihood that signing the documents would not prevent her husband's prosecution. The court accepted Mrs. Padden's evidence that, if properly advised, she would not have signed the documents, and thus the breach caused her loss.

Parties
Claimant/respondent: Heather Mary Padden; Defendants/appellants: Bevan Ashford (A Firm)
Jurisdiction
England and Wales
Judgment Date
16 July 2013
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Breach of Duty, Causation, Independent Legal Advice, Undue Influence
Professional Negligence Solicitors' Duties Breach of Duty Causation Independent Legal Advice Undue Influence

Case Brief

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Parties

Heather Mary Padden

Claimant/respondent

Bevan Ashford (A Firm)

Defendants/appellants

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the solicitors breached their duty of care to Mrs. Padden in failing to provide proper independent legal advice regarding the risks of signing documents transferring her interests in property and assets.
  2. 2 Whether, if properly advised, Mrs. Padden would have acted differently and not signed the documents, thus avoiding her loss.

Ratio Decidendi

The solicitors breached their duty by failing to properly advise Mrs. Padden of the true risks and the likelihood that signing the documents would not prevent her husband's prosecution. The court accepted Mrs. Padden's evidence that, if properly advised, she would not have signed the documents, and thus the breach caused her loss.

Court Disposition

Appeal dismissed

Orders

  • The order of His Honour Judge Vosper QC awarding Mrs. Padden £67,037 damages and £6,368.52 interest is upheld.