Spire Property Development LLP v Withers LLP

Subject Matter

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

[2022] EWCA Civ 970; [2023] 4 WLR 56; [2023] 2 All ER 842; [2023] 1 All ER (Comm) 1047; [2022] WLR(D) 315, CA

Commentary

RPC Perspectives
Risky Business: what to do when former clients ask further questions Case comment

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