Lyons v Fox Williams LLP [2016] EWHC 2427 (QB) (11 October 2016)

Lyons v Fox Williams LLP [2016] EWHC 2427 (QB) (11 October 2016)

The court found that the defendant's retainer was limited to the AD&D and misrepresentation claims and did not extend to advising on the LTD policies. The claimant was an experienced businessman who agreed to the clear terms of the retainer letter. There was no evidence that the claimant requested or the defendant...

Source-derived case information.

Citation
[2016] EWHC 2427 (QB)
Parties
Claimant: Cathal Anthony Lyons; Defendant: Fox Williams LLP
Jurisdiction
England and Wales
Judgment Date
11 October 2016
Procedural Posture
Professional Negligence Claim / High Court Judgment (trial)
Outcome
Claim dismissed
Legal Topics
Scope of Solicitor's Retainer, Negligence in Legal Advice, Limitation of Liability, Interpretation of Insurance Policies, Jurisdiction Clauses
Professional Negligence Insurance Law Contract Law Scope of Solicitor's Retainer Negligence in Legal Advice Limitation of Liability Interpretation of Insurance Policies Jurisdiction Clauses

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Parties

Cathal Anthony Lyons

Claimant

Fox Williams LLP

Defendant

Procedural Posture

Professional Negligence Claim / High Court Judgment (trial)

Legal Issues

  1. 1 Whether the defendant solicitor negligently failed to advise the claimant on Long Term Disability (LTD) insurance claims
  2. 2 Whether the defendant negligently failed to include an English law and jurisdiction clause in the claimant's settlement agreement with his employer
  3. 3 Whether the defendant's retainer included advice on LTD policies

Ratio Decidendi

The court found that the defendant's retainer was limited to the AD&D and misrepresentation claims and did not extend to advising on the LTD policies. The claimant was an experienced businessman who agreed to the clear terms of the retainer letter. There was no evidence that the claimant requested or the defendant agreed to provide advice on LTD claims during the relevant period. The defendant was not negligent in failing to advise on LTD claims or in relation to the 2009 agreement's jurisdiction clause. The claims failed on the facts and law.

Court Disposition

Claim dismissed

Orders

  • Claimant's claims against the defendant are dismissed
  • No order for damages against the defendant