Wade & Anor v Poppleton & Appleby

Wade & Anor v Poppleton & Appleby

Poppleton & Appleby did not breach their duty of care or fiduciary duty; there was no negligence in failing to advise Mr and Mrs Wade to provide additional finance, and no action or omission by Poppleton & Appleby would have prevented the receivership or caused loss to the claimants.

Parties
Claimant: Patrick Paul Leslie Wade; Claimant: Jean Wade; Defendant: Poppleton & Appleby
Jurisdiction
England and Wales
Judgment Date
19 December 2003
Procedural Posture
Civil / Judgment
Outcome
Claim dismissed
Legal Topics
Duty of Care, Breach of Contract, Breach of Fiduciary Duty, Negligence, Assignment of Claims, Insolvency, Receivership
Professional Negligence Contract Law Fiduciary Duty Duty of Care Breach of Contract Breach of Fiduciary Duty Negligence Assignment of Claims +2 more

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Parties

Patrick Paul Leslie Wade

Claimant

Jean Wade

Claimant

Poppleton & Appleby

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Poppleton & Appleby owed a duty of care to Mr and Mrs Wade personally and/or the Companies
  2. 2 Whether Poppleton & Appleby breached their duty of care or fiduciary duty in advising on insolvency and receivership
  3. 3 Whether any breach caused loss to the claimants

Ratio Decidendi

Poppleton & Appleby did not breach their duty of care or fiduciary duty; there was no negligence in failing to advise Mr and Mrs Wade to provide additional finance, and no action or omission by Poppleton & Appleby would have prevented the receivership or caused loss to the claimants.

Court Disposition

Claim dismissed