Description
The main proceedings related to the construction of a Deed of Covenant drafted by Seddons. The Court held that the Deed of Covenant did not create the fiduciary duty alleged by the Claimant and that accordingly there was no liability on the solicitors. The learned judge went on to consider whether if her construction of the Deed of Covenant was wrong and there had also been a fraudulent misrepresentation by the Defendant that any liability of the firm for failing to advise the Defendant would have been discharged because irrespective of their assumed advice the Defendant would still have entered in to the Deed of Covenant. Equally if the Defendant had been liable both as a trustee or fiduciary under the Deed of Covenant and for alleged misrepresentation the chain of causation would have been broken. For the same reasons Seddons could not be held liable for damage of a kind they could not reasonably have foreseen as a result of their negligence.
