Remoteness restated

In an otherwise rather boring solicitors’ negligence case, the CA have included a useful nugget. All three of their Lordships accepted that where a person such as a professional can be liable either in contract or in tort — in other words, where there is concurrent liability — the relevant test for remoteness of damage is that in contract, namely the rule in Hadley v Baxendale. And quite right too.

See Wellesley Partners LLP v Withers LLP [2015] EWCA Civ 1146, November 11, 2015.

AT

 

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