Lyons v Fox Williams LLP
Fox Williams LLP was not instructed to advise on LTD claims, and the scope of the retainer did not include such advice. No duty to warn arose because the risks relating to LTD claims were not apparent within the scope of the retainer, and Mr Lyons relied on EY for handling LTD claims. Therefore, no liability was...
Source-derived case information.
- Parties
- Appellant: Cathal Anthony Lyons; Respondent: Fox Williams LLP
- Jurisdiction
- England and Wales
- Judgment Date
- 25 October 2018
- Procedural Posture
- Civil Appeal / Appeal From High Court Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Solicitor's Duty of Care, Scope of Retainer, Duty to Warn, Limitation of Claims, Jurisdiction Clauses
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cathal Anthony Lyons
Appellant
Fox Williams LLP
Respondent
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Legal Issues
- 1 Whether Fox Williams LLP owed a duty to advise or warn Mr Lyons regarding LTD insurance claims
- 2 Whether Fox Williams LLP breached its duty of care by failing to include a jurisdiction clause in the severance agreement
- 3 Whether Fox Williams LLP was negligent in failing to advise on time limits and preservation of LTD claims
Ratio Decidendi
Fox Williams LLP was not instructed to advise on LTD claims, and the scope of the retainer did not include such advice. No duty to warn arose because the risks relating to LTD claims were not apparent within the scope of the retainer, and Mr Lyons relied on EY for handling LTD claims. Therefore, no liability was established for negligence or breach of duty.
Court Disposition
Appeal dismissed
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