Solicitors scope of duty and loss of opportunity claims.
The recently published judgment in Cochrane v Harper Macleod has a number of points of interest for practitioners in relation to professional negligence claims against solicitors for loss of opportunity and the effect of certain provisions often used in solicitors’ letters of engagement.
The court dismissed the action on the basis that the defender did not owe any duties to the pursuer in relation to the provision of tax advice, which was held to include identifying circumstances where such advice should be sought from others. This decision on the meaning and effect of the relevant provisions in the applicable letter of engagement is likely to be of interest to solicitors more generally when acting in matters which may give rise to tax consequences for clients.
The court also held the claim for damages to be irrelevant as the pursuer’s pleadings were framed in such a way as to confirm that the loss of opportunity claimed had not in fact been lost.
Scott Manson of Axiom Advocates appeared for the defender.