Duty of Care to Beneficiary in UK Law

  • Ross v Caunters
    • Chancery Division
    • 1979
    ... ... Solicitor - Negligence - Beneficiary under will - Solicitors' negligence in ... to beneficiary - Whether solicitors owing duty of care to beneficiary ... Solicitors who ... ...
  • Carr-Glyn v Frearsons (A Firm)
    • Court of Appeal (Civil Division)
    • 29 July 1998
    ... ... The appellant's expectation as a beneficiary under the 1989 will was disappointed ... in respect of their alleged breach of duty. The action was tried before Mr Justice Lloyd ... , where a solicitor's breach of his duty of care to a testator in preparing her will resulted in a ... ...
  • White and Another v Jones and Another
    • House of Lords
    • 16 February 1995
    ... ... 4 The contractual duty which Mr. Jones owed to the testator was to ... such proximity as to give rise to a duty of care. Here there was no relationship between the ... question whether an intended beneficiary under a will is entitled to recover damages from ... ...
  • AIB Group (UK) Plc v Mark Redler & Company Solicitors
    • Supreme Court
    • 05 November 2014
    ... ... in breach of trust, breach of fiduciary duty, breach of contract and negligence. It claimed ... capacity to recognise what loss the beneficiary has actually suffered from the breach of trust ... to manage the trust property with proper care; (3) a duty of ... ...
  • Dorset Yacht Company Ltd v Home Office
    • House of Lords
    • 06 May 1970
    ... ... Office or these Borstal officers owed any duty of care to the Respondents capable of giving rise ... 339 ) "as the vicarious beneficiary of a breach of duty to another" ... 39 The ... ...
  • Target Holdings Ltd v Redferns
    • House of Lords
    • 20 July 1995
    ... ... the trustee liable to compensate the beneficiary not only for losses caused by the breach but also ... account: that sum was expended on stamp duty, land registry fees and Redferns' fees ... 13 ... that Redferns was in breach of its duty of care as Target's solicitors in failing to alert Target ... ...
  • Pitt and another v Holt and another; Futter and another v Futter and Others
    • Court of Appeal (Civil Division)
    • 09 March 2011
    ... ... The issue was whether estate duty was chargeable in respect of his death in 1964 on ... the events which happened, the sole beneficiary of the estate. In the meantime it had been ... relevant considerations and used all proper care and diligence in obtaining the relevant ... ...
  • Parker-Tweedale v Dunbar Bank Plc
    • Court of Appeal (Civil Division)
    • 14 December 1989
    ... ... owner and mortgagor, owed him an independent duty to take reasonable care to obtain a proper ... of Ditchford, the plaintiff being a beneficiary under such trust. As I have said, none of that is ... ...
  • Murphy v Brentwood District Council
    • House of Lords
    • 26 July 1990
    ... ... 7 The person to whom the duty is owed is an owner or occupier of the house who ... a common law duty to take reasonable care that plans should conform with byelaws or ... 297 so far as the disappointed beneficiary was concerned. Another example may be Ministry ... ...
  • ARBUTHNOTT and Others v FAGAN and FELTRIM UNDERWRITING AGENCIES Ltd and Others and Two Other Actions (1st Appeal) ARBUTHNOTT and Others v FAGAN and FELTRIM UNDERWRITING AGENCIES Ltd and Others and Two
    • House of Lords
    • 25 July 1994
    ... ... of underwriting, to exercise reasonable care and skill in relation to such underwriting ... , or in tort, or for breach of fiduciary duty. But that is not in fact the case. In the case of ... cannot be challenged by the donor or beneficiary of the power unless ( a ) the exercise of the ... ...
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