22 Jun 2007
HEIBEI ENTERPRISES LTD AND OTHERS v. LIVASIRI & CO (a firm) AND OTHERS
- Citation
- HEIBEI ENTERPRISES LTD AND OTHERS v. LIVASIRI & CO (a firm) AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV397/2005
On the facts the 1st defendant acted in accordance with the plaintiffs' instructions and the acceptance of undertakings and remittance to the 3rd defendant was not negligent; the finding of negligence against the 1st defendant was set aside. The 3rd defendant's appeal was dismissed: the transfers were made on plaintiffs' authority and the 3rd defendant remained liable on the trial judge's findings where applicable. A solicitor's taking of reasonable undertakings from another firm does not, without more, amount to negligence; the duty is to advise on foreseeable risks and propose reasonable sa…