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Cherney & Ors v Frank Neuman & Ors 5/8/11 (Ch)

Description

Solicitors who acted in various property transactions were not liable to their clients for professional negligence, or for any breach of fiduciary duty or breach of trust. The client's agent had actual or at least ostensible authority to act on behalf of the client. The scope of their retainer did not extend to providing advice on the commercial aspects of the transaction. If the client wished for advice on the commercial merits and values of the properties he could have obtained expert advice. The solicitors' knowledge of side payments to the client's agent alter the position because the client was fully aware of the same.

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