Thorpe v Fellowes Solicitors LLP [2011] EWHC 61 (QB) (21 January 2011)

Thorpe v Fellowes Solicitors LLP [2011] EWHC 61 (QB) (21 January 2011)

The evidence did not establish that Mrs Hill lacked capacity or that Fellowes should have been on notice of incapacity. The defendant acted on clear instructions from Mrs Hill, both in person and in writing, and followed reasonable procedures. There was no breach of duty in failing to obtain a valuation or in remitting proceeds to Ms Alexander as instructed. The claim of professional negligence was not made out.

Citation
[2011] EWHC 61 (QB)
Parties
Claimant: Rudyard Kipling Thorpe (as Litigation Friend to Mrs Leonie Leanthie Hill); Defendant: Fellowes Solicitors LLP
Jurisdiction
England and Wales
Judgment Date
21 January 2011
Procedural Posture
Professional Negligence Claim / High Court Trial Judgment
Outcome
Claim dismissed
Legal Topics
Capacity to Contract, Duties of Solicitors, Standard of Care, Elderly Clients, Remittance of Sale Proceeds
Professional Negligence Solicitors' Duties Mental Capacity Capacity to Contract Duties of Solicitors Standard of Care Elderly Clients Remittance of Sale Proceeds

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Parties

Rudyard Kipling Thorpe (as Litigation Friend to Mrs Leonie Leanthie Hill)

Claimant

Fellowes Solicitors LLP

Defendant

Procedural Posture

Professional Negligence Claim / High Court Trial Judgment

Legal Issues

  1. 1 Whether the defendant solicitors were negligent in acting on the sale of Mrs Hill's property without proper instructions or adequate inquiry into her mental capacity
  2. 2 Whether the sale was at an undervalue and whether the remittance of proceeds to Ms Alexander was a breach of duty
  3. 3 Whether the defendant should have been on notice of Mrs Hill's dementia and taken further steps

Ratio Decidendi

The evidence did not establish that Mrs Hill lacked capacity or that Fellowes should have been on notice of incapacity. The defendant acted on clear instructions from Mrs Hill, both in person and in writing, and followed reasonable procedures. There was no breach of duty in failing to obtain a valuation or in remitting proceeds to Ms Alexander as instructed. The claim of professional negligence was not made out.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed in its entirety
  • Claimant to pay defendant's costs, including £2,000 summarily assessed costs from prior application