The case of Gosden v Halliwell [2021] EWHC 159 has received a reasonable amount of attention in the legal press and offers a number of interesting learning points for practitioners. 

It was, essentially, a professional negligence case which arose following the failure to implement a crucial step in an estate planning scheme. Apart from the obvious point that practitioners should always ensure all steps in any estate planning are fully implemented, the case has useful lessons on the ever-expanding duty of care owed by solicitors.

It also demonstrates how the value of damages can be assessed in a negligence case and the court’s willingness to depart from the usual default position. 


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