Guy v Mace & Jones & Ors

Guy v Mace & Jones & Ors

None of the defendant solicitors owed or breached a duty of care to the claimant in a manner causative of loss. The claimant either assented to the transfer or failed to take timely protective action, breaking the chain of causation. Even if breaches occurred, the value of the land was exceeded by liabilities, so no recoverable loss was established.

Parties
Claimant: Trevor Guy; First Defendant: Mace & Jones; Second Defendant: George Davies Solicitors; Third Defendant: Weightman Vizards
Jurisdiction
England and Wales
Judgment Date
24 April 2012
Procedural Posture
Civil / Final Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Duty of Care, Solicitor Liability, Causation, Loss, Ex Turpi Causa, Beneficial Ownership, Remediation Costs
Professional Negligence Property Law Duty of Care Solicitor Liability Causation Loss Ex Turpi Causa Beneficial Ownership +1 more

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Parties

Trevor Guy

Claimant

Mace & Jones

First Defendant

George Davies Solicitors

Second Defendant

Weightman Vizards

Third Defendant

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 Whether the defendant solicitors owed and breached a duty of care to the claimant
  2. 2 Whether any breach caused loss to the claimant
  3. 3 Whether the claimant suffered recoverable loss

Ratio Decidendi

None of the defendant solicitors owed or breached a duty of care to the claimant in a manner causative of loss. The claimant either assented to the transfer or failed to take timely protective action, breaking the chain of causation. Even if breaches occurred, the value of the land was exceeded by liabilities, so no recoverable loss was established.

Court Disposition

Claim dismissed