It wasn’t my fault! Contributory negligence through the actions of others – Hardwicke Chambers

Posted April 11th, 2013 in agency, fraud, negligence, news, solicitors by sally

“An unresolved issue that has received little attention is whether a solicitor’s conduct could be attributed to his client as contributory negligence by that client in a claim brought against a different professional. If a claimant sues professional A for losses to which professional B also contributed, the normal course of events is for professional A to make a contribution claim against professional B. Professional A does not usually seek to attribute professional B’s conduct to the claimant in order to raise the defence of contributory negligence against the claimant. But it is easy to imagine circumstances in which the latter course would be attractive to professional A if available, for example if professional B is a man of straw whose insurers repudiate liability.”

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Hardwicke Chambers, 2nd April 2013