White and Another v Jones and Another

JurisdictionUK Non-devolved
JudgeLord Keith of Kinkel,Lord Goff of Chieveley,Lord Browne-Wilkinson,Lord Mustill,Lord Nolan
Judgment Date16 February 1995
Judgment citation (vLex)[1995] UKHL J0216-1
Date16 February 1995
CourtHouse of Lords
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456 cases
  • Cgl Group Ltd v Royal Bank of Scotland
    • United Kingdom
    • Queen's Bench Division
    • 12 January 2016
    ...in the law of negligence". He submits, as set out in the pleading, that if wrong on those points then a duty of care arises under White v Jones. 36 Ms Oppenheimer submits and sets out at paragraph 53 of her skeleton by reference to case of Customs & Excise v Barclays [2006] UKHL 28 that whi......
  • Timothy Keith Herring and Another v Shorts Financial Services LLP
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 9 May 2016
    ...over 25 pages each and contain extensive references and citations from over 18 authorities many of which are at the highest level. 87 In White v Jones [1995] 2 AC 207 a bare majority of the House of Lords held that a solicitor owes a duty of care to an intended and known beneficiary under a......
  • Walker v Medlicott & Son (A Firm)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 19 November 1998
    ...("the house"). 4 5The action was brought in reliance on the principles established by the majority decision of the House of Lords in White v Jones [1995] 2 AC 207. In that case the negligent delay of a firm of solicitors in carrying out the instructions of a testator for a new will led to ......
  • Goodwill v British Pregnancy Advisory Service
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 17 January 1996
    ...and to certain others from the speech of Lord Devlin in Hedley Byrne as stating the governing principles. 36 Miss Booth also relied on White v Jones [1995] 2 A.C. 207 as providing an example of an analogous situation in which a duty of care has been recognised. In that case a solicitor who ......
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4 firm's commentaries
  • An Independent Contractor is Not a Shield to Liability!
    • Hong Kong
    • Mondaq Hong Kong
    • 16 March 2011
    ...and the worker. The CFA applied the approach in Caparo Plc v. Dickman [1990] 2 AC 605 as explained by Lord Nicholls in White v. Jones [1995] 2 AC 207, where the test for finding liability was the loss was "foreseeable"; there was "proximity or neighbourhood"; the requirements of "fairness, ......
  • Professional Negligence In The Construction Field
    • United Kingdom
    • Mondaq United Kingdom
    • 16 July 2009
    ...31. Commissioners of Customs and Excise v Barclays Bank plc [2007] 1 AC 181 per L.Hoffmann 32. [1995] 2 AC 296 per L.Goff pp.316-319 33. [1995] 2 AC 207 per L.Goff p.268; L.Browne-Wilkinson pp.270 & 274; L.Nolan pp.293-4 34. [1998] 1 WLR 830 per L.Steyn p.834 35. [1990] 2 AC 605 pp.617-......
  • Solicitors of the insured do not owe a duty of care to the insurer of their client
    • Australia
    • Mondaq Australia
    • 6 July 2022
    ...their client's insurers. The proceeding otherwise continues and is listed for a directions hearing this month. Footnote 1White v Jones [1995] 2 AC 207 at 256 per Lord Goff. Ms Emily Schneider Kennedys Level 9 360 Elizabeth Street Melbourne VIC 3000 AUSTRALIA Fax: 38456 6206 ...
  • The Disappointed Beneficiary
    • Canada
    • Mondaq Canada
    • 13 August 2013
    ...and the information provided, having regard to all of the circumstances. Footnotes [1979] 3 All E.R. 580 (Ch D). White v. Jones, [1995] 1 All ER 691 2000 SKCA 1, leaved denied [2000] SCCA No. 124.["Hickson"] 2004 ABCA 270, leave denied [2004] SCCA No. 489. 2012 ABQB 82["Meier"] The content ......
82 books & journal articles
  • Misfeasance in public office: a very peculiar tort.
    • Australia
    • Melbourne University Law Review Vol. 35 No. 1, April 2011
    • 1 April 2011
    ...by reference to public policy considerations sometimes makes it a more attractive tort than negligence: at 588-91. (214) White v Jones [1995] 2 AC 207; Hill v Van Erp (1997) 188 CLR (215) Lord Hobhouse said in Three Rivers [2003] 2 AC 1, 229 that '[t]here is no principle in English law that......
  • THE PROMISE OF UNIVERSALITY
    • Singapore
    • Singapore Academy of Law Journal No. 2013, December 2013
    • 1 December 2013
    ...affairs”, even in the absence of actual reliance by the claimant, may impel the court to find a duty of care. See White v Jones[1995] 2 AC 207 at 272. 59 For example, Graham Barclay Oysters v Ryan(2002) 211 CLR 540 (where the plaintiff, who contracted hepatitis A through the consumption of ......
  • The emergence of solicitors’ tortious liability and the award of damages
    • United Kingdom
    • Emerald Journal of Financial Crime No. 10-4, October 2003
    • 1 October 2003
    ...secure the bene®t for theplainti'. See Peter Cane, `Negligent solicitors and doublydisappointed bene®ciaries,' [1983] 99 LQR 346.(37) [1995] 1 All ER 691. The judgment was delivered on 16thFebruary, 1995. See also `Negligent solicitors liable tointended bene®ciary', The Times, 17th Februar......
  • The Use of Language in Judgments
    • United Kingdom
    • Wildy Simmonds & Hill How Judges Decide Cases: Reading, Writing and Analysing Judgments. 2nd Edition Contents
    • 29 August 2018
    ...to persuade. 77 [1964] 1 WLR 125 at 132. 78 [1969] 2 AC 147 at 206. 79 [1978] AC 728 at 749. 80 [1996] AC 211 at 218 (dissenting). 81 [1995] 2 AC 207 HL at 252. 82 [1995] 2 AC 207 at 216. ...
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