''Nocton v Lord Ashburton''

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English tort law English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil, rather than criminal law, that usually requ ...

case concerning professional negligence and the conditions under which a person will be taken to have assumed responsibility for the welfare of another. It confirmed it extended to unequivocal professional advice.

Facts

Lord Ashburton bought a property for £60,000 on Church Street, Kensington,

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. His solicitor was Nocton who advised him to seek the release (lease or sell) part of the house (which was also security for a mortgage). This was a bad idea, because as Nocton in fact knew, this meant that the security would become insufficient. Lord Ashburton alleged the advice was not given in good faith, but rather in Mr Nocton's self-interest.

Judgment

Viscount Haldane LC for whole judicial committee held that despite '' Derry v Peek'' (which had disallowed any claim for misstatements apart from in the tort of deceit), Nocton was liable for his bad advice given the fiduciary relationship between the solicitor and client.

Notes

{{reflist, 2 English tort case law House of Lords cases 1914 in case law 1914 in British law

Facts

Judgment

See also

Notes