A solicitor who knows a non-client is relying on the solicitor's skill and expertise owes a duty of care to that non-client, notwithstanding the absence of a retainer and purported disclaimers, where factors of proximity, reasonable reliance and assumption of responsibility are present. A purported disclaimer that the solicitor has no knowledge of the relevant foreign law is ineffective where the deficiency in the documents is apparent without such knowledge. Where a solicitor is in a position of conflict, the solicitor must expressly advise the non-client that the solicitor cannot protect the non-client's interests and that the non-client should obtain independent legal advice. A non-client is not contributorily negligent in failing to obtain independent legal advice when the solicitor did not advise them to do so.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
2 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.