Murphy v the Law Society

The Law Society has a strong prospect of successfully arguing on appeal that it did not owe a duty of care to the claimant, justifying the grant of permission to appeal.

Parties: Claimant/applicant: Schubert Murphy; Defendant/respondent: The Law Society
Jurisdiction: England and Wales
Judgment Date: 16 December 2015
Procedural Posture: Civil Appeal / Permission to Appeal Granted
Outcome: Permission to appeal granted
Legal Topics: Duty of Care, Statutory Functions, Permission to Appeal

Tort Law Professional Negligence Duty of Care Statutory Functions Permission to Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Schubert Murphy

Claimant/applicant

The Law Society

Defendant/respondent

Procedural Posture

Civil Appeal / Permission to Appeal Granted

Legal Issues

1 Whether the Law Society owed a duty of care to the claimant arising out of the performance of its statutory functions

Ratio Decidendi

The Law Society has a strong prospect of successfully arguing on appeal that it did not owe a duty of care to the claimant, justifying the grant of permission to appeal.

Court Disposition

Permission to appeal granted

Orders

Appeal to be listed before three Lord or Lady Justices for a one-day hearing.
Parties to advise the court on the accuracy of the time estimate and reading requirements.