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Mountain to climb
Key points
- Decision in McClean and others v A Thornhill has highlighted the issues for professional negligence claims.
- The professional and client may by agreement limit the duties which would otherwise form part of the professional’s retainer.
- In Minkin v Landsberg the Court of Appeal set out several factors to be considered in relation to the duty of care owed.
- Even when a duty of care has been breached a claimant also needs to show that reliance on the defendant’s advice caused the loss.
- Fighting funds set aside for claims should be held on trust.
The recent case of McClean and others v A Thornhill QC [2022] EWHC 457 (Ch) has brought to light the issues of bringing a claim in professional negligence. To prove negligence the claimant has to establish the following:
- a duty of care exists;
- the professional has breached the duty; and ...
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