Regent Leisuretime Ltd. v Amos

Regent Leisuretime Ltd. v Amos

Mr Pearson was not retained by the company and owed it no duty of care. He was entitled to rely on the advice of experienced counsel, and there was no negligence in not raising the possibility of the company bringing or joining proceedings, as this had been considered and rejected by counsel. The scope of his duty did not extend to matters outside his retainer, and there was no evidence that he should have been alerted to a limitation issue requiring further advice.

Parties
Claimant/appellant: Regent Leisuretime Limited; Claimant/appellant: Stephen Amos; Claimant/appellant: Peter Barton; Defendant/respondent: Philip Skerrett; Defendant/respondent: Kenneth Pearson
Jurisdiction
England and Wales
Judgment Date
21 July 2006
Procedural Posture
Civil Appeal / Appeal From Trial Judgment on Liability in Solicitor's Negligence Action
Outcome
appeal dismissed
Legal Topics
Solicitor's Duty of Care, Scope of Retainer, Reliance on Counsel's Advice, Limitation Periods, Company Law—shareholder Claims
Professional Negligence Contract Law Solicitor's Duty of Care Scope of Retainer Reliance on Counsel's Advice Limitation Periods Company Law—shareholder Claims

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Parties

Regent Leisuretime Limited

Claimant/appellant

Stephen Amos

Claimant/appellant

Peter Barton

Claimant/appellant

Philip Skerrett

Defendant/respondent

Kenneth Pearson

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Trial Judgment on Liability in Solicitor's Negligence Action

Legal Issues

  1. 1 Whether the solicitor (Mr Pearson) owed a duty of care to the company (Regent Leisuretime Limited)
  2. 2 Whether Mr Pearson was negligent in relying on counsel's advice and failing to advise on the need for the company to bring or join proceedings
  3. 3 Scope of a solicitor's duty when specialist counsel is instructed

Ratio Decidendi

Mr Pearson was not retained by the company and owed it no duty of care. He was entitled to rely on the advice of experienced counsel, and there was no negligence in not raising the possibility of the company bringing or joining proceedings, as this had been considered and rejected by counsel. The scope of his duty did not extend to matters outside his retainer, and there was no evidence that he should have been alerted to a limitation issue requiring further advice.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.