Atkins v Dunn & Baker (a firm)
There is no invariable duty on a solicitor to remind a client to execute a draft will after fulfilling instructions to prepare and send it. In the circumstances, the solicitor's conduct did not fall below the standard of care, and causation was not established as it was not probable that a reminder would have resulted in execution of the will.
- Parties
- Claimant/appellant: Jeanette Ann Atkins; Defendant/respondent: Dunn & Baker (A Firm)
- Jurisdiction
- England and Wales
- Judgment Date
- 19 February 2004
- Procedural Posture
- Civil Appeal / Appeal From Exeter County Court Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Solicitor's Duty of Care, Retainer Termination, Causation in Negligence, Loss of Chance, Execution of Wills
Case Brief
Summary, issues, holding and outcome
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Parties
Jeanette Ann Atkins
Claimant/appellant
Dunn & Baker (A Firm)
Defendant/respondent
Procedural Posture
Civil Appeal / Appeal From Exeter County Court Decision
Legal Issues
- 1 Whether the solicitor was negligent in failing to remind the client to execute a draft will
- 2 Whether the failure caused loss to the intended beneficiary
Ratio Decidendi
There is no invariable duty on a solicitor to remind a client to execute a draft will after fulfilling instructions to prepare and send it. In the circumstances, the solicitor's conduct did not fall below the standard of care, and causation was not established as it was not probable that a reminder would have resulted in execution of the will.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with costs to be subject to detailed assessment if not agreed
- Permission to appeal to the House of Lords refused
Full Case Text
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