Corbett v Bond Pearce (a firm)

Corbett v Bond Pearce (a firm)

The estate is entitled to recover damages from Bond Pearce only to the extent necessary to discharge creditors and enable specific legatees under the September will to receive their intended legacies, but not to compensate the estate for losses already made good to disappointed beneficiaries or for liabilities not caused by the negligence. The recoverable damages are limited to the shortfall between estate assets and relevant liabilities/legacies as defined by the amended Court of Appeal order, subject to the exclusion of remote or self-inflicted losses.

Parties
Claimant/applicant/personal Representative: William Corbett; Defendant/respondent: Bond Pearce (a firm)
Jurisdiction
England and Wales
Judgment Date
28 April 2006
Procedural Posture
Civil Professional Negligence / Judgment After Trial on Quantum of Damages
Outcome
Judgment for the claimant in part; damages awarded as calculated per judgment, subject to final quantification by the parties or the court.
Legal Topics
Solicitor's Negligence, Damages Assessment, Wills and Probate, Double Recovery, Disappointed Beneficiaries
Probate Professional Negligence Trusts and Estates Solicitor's Negligence Damages Assessment Wills and Probate Double Recovery Disappointed Beneficiaries

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Parties

William Corbett

Claimant/applicant/personal Representative

Bond Pearce (a firm)

Defendant/respondent

Procedural Posture

Civil Professional Negligence / Judgment After Trial on Quantum of Damages

Legal Issues

  1. 1 Whether the estate of Miss Tresawna is entitled to recover damages from Bond Pearce for losses/liabilities incurred as a result of negligent advice in the preparation and execution of a will;
  2. 2 Whether the estate can recover damages for the costs of probate proceedings and other losses;
  3. 3 How damages should be calculated in light of prior settlements with disappointed beneficiaries and the estate's solvency.

Ratio Decidendi

The estate is entitled to recover damages from Bond Pearce only to the extent necessary to discharge creditors and enable specific legatees under the September will to receive their intended legacies, but not to compensate the estate for losses already made good to disappointed beneficiaries or for liabilities not caused by the negligence. The recoverable damages are limited to the shortfall between estate assets and relevant liabilities/legacies as defined by the amended Court of Appeal order, subject to the exclusion of remote or self-inflicted losses.

Court Disposition

Judgment for the claimant in part; damages awarded as calculated per judgment, subject to final quantification by the parties or the court.

Orders

  • Bond Pearce to pay damages to the estate of Miss Tresawna in an amount to be agreed or determined, provisionally calculated at £13,166 plus interest and adjustments as per judgment.
  • Bond Pearce to pay certain admitted and established liabilities as set out in the judgment.