The Weekly Law Reports
[2023] 4 WLR 56
Court of Appeal
Spire Property Development LLP and another v Withers LLP
[2022] EWCA Civ 970
2022 June 21; July 19
King, Popplewell, Carr, LJJ
Negligence— Duty of care— Scope of duty— Developers purchasing high-value listed properties for development purposes— Solicitors failing to advise purchasers of existence of extra-high voltage electric cables running under development sites— Developers discovering cables after acquisition— Developers asking solicitor to advise as to utility companies’ statutory rights of access— Solicitor responding but not advising as to potential rights and remedies against power network— Whether solicitors assuming duty of care to advise developers— Whether solicitors’ duty of care extending to duty to advise as to rights and remedies— Whether scope of duty determined by reasonably competent solicitor’s state of mind— Whether breach of duty