Sifri v Clough & Anor

Sifri v Clough & Anor

The defendant firm was negligent in preparing the wills by failing to take instructions from the testator, making it reasonably foreseeable that a challenge and associated costs would ensue. However, only costs attributable to the successful claim of want of knowledge and approval are recoverable; costs incurred in pursuing unreasonable claims (lack of testamentary capacity and undue influence) are not recoverable. Losses caused by delay in estate administration are not proven to be caused by the admitted negligence.

Parties
Claimant: Sifri; Defendants: Clough and Willis
Jurisdiction
England and Wales
Judgment Date
26 March 2007
Procedural Posture
Civil / Judgment
Outcome
judgment for claimant in part
Legal Topics
Solicitor's Duty of Care, Will Preparation, Damages, Costs Recovery
Professional Negligence Probate Solicitor's Duty of Care Will Preparation Damages Costs Recovery

Case Brief

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Parties

Sifri

Claimant

Clough and Willis

Defendants

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant solicitors were negligent in the preparation of the deceased's wills
  2. 2 Whether the claimant is entitled to recover costs incurred in the probate action as damages
  3. 3 Whether losses caused by delay in estate administration are recoverable

Ratio Decidendi

The defendant firm was negligent in preparing the wills by failing to take instructions from the testator, making it reasonably foreseeable that a challenge and associated costs would ensue. However, only costs attributable to the successful claim of want of knowledge and approval are recoverable; costs incurred in pursuing unreasonable claims (lack of testamentary capacity and undue influence) are not recoverable. Losses caused by delay in estate administration are not proven to be caused by the admitted negligence.

Court Disposition

judgment for claimant in part

Orders

  • Defendant to pay claimant £14,400 plus interest
  • Claim for losses caused by delay in estate administration dismissed