DEAN v. ALLIN & WATTS [2001] EWCA Civ 758

[2001] 2 Lloyd's Rep. 249

COURT OF APPEAL

Before Lord Justice Robert Walker, Lord Justice Sedley and Mr. Justice Lightman

Negligence - Professional negligence - Duty of care - Implied retainer - Series of loans made by claimant to borrowers - Claimant’s security to be charge on a leasehold flat - Solicitors acting for borrowers only - Solicitors advised borrowers mere deposit of deeds sufficient and effective - Borrowers defaulted - Deposit of deeds legally ineffective - Whether claimant impliedly retained solicitors to act for him - Whether solicitors owed claimant a duty of care not to make representations as to efficacy of security - Whether solicitors owed duty of care to claimants to ensure claimant obtained effective security.