If negligence, in the legal sense, is treated as a risk, rather than a moral failing, it has to be because the hypothetical reasonable practitioner (who never needs an aspirin, emergency plumber, or babysitter) is taken to be reasonably competent every minute of the working day.
It was possibly with that thought in mind that Nicholas Cheffings, of Lovells, chose to spare us the usual anthology of recently litigated office cock-ups. His article
Rightly stressed are the precautions required where both a solicitor and a surveyor have been engaged to advise on the contents of a proposed lease. As demonstrated in Theodore Goddard v Fletcher King Services Ltd [1997] 2 EGLR 131, early demarcation of responsibilities is clearly desirable where the game is mixed doubles and the parties are unlikely to be too sporting about who should have covered a particular part of the court.
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If negligence, in the legal sense, is treated as a risk, rather than a moral failing, it has to be because the hypothetical reasonable practitioner (who never needs an aspirin, emergency plumber, or babysitter) is taken to be reasonably competent every minute of the working day.
It was possibly with that thought in mind that Nicholas Cheffings, of Lovells, chose to spare us the usual anthology of recently litigated office cock-ups. His article Let this be a lesson to you all Estates Gazette 7 October 2000, p175, wisely and refreshingly directs us to the steps that can be taken in advance with a view to avoiding allegations of negligence. Prominent among these are the use of clear disclaimers (where commercially appropriate) and a precise choice of words where an advisory report is not intended to carry the same weight as a fully-fledged valuation.
Rightly stressed are the precautions required where both a solicitor and a surveyor have been engaged to advise on the contents of a proposed lease. As demonstrated in Theodore Goddard v Fletcher King Services Ltd [1997] 2 EGLR 131, early demarcation of responsibilities is clearly desirable where the game is mixed doubles and the parties are unlikely to be too sporting about who should have covered a particular part of the court.
