West Wickham solicitor MB Allen & Co faces a damages payout for professional negligence over the conveyance of two properties after a High Court judge ruled that the firm “failed to exercise proper skill and care, diligence and competence”.
Malcolm and Pamela Tucker claimed that Allen failed to advise them that there was no formal right of way to a paddock that they bought in 1988, together with a nearby cottage, off Tithepitshaw Lane, Warlingham, Surrey.
The couple assumed that they had a right to cross land owned by R Sykes & Co Ltd for access to the paddock. In the years up until 1992, in connection with Mrs Tucker’s keen interest in horse breeding, the Tuckers obtained planning permission, constructed two stables and a tack room on to the paddock and erected an open hay store, wc and cover for a tractor and harrow.
However, in January 1992 Sykes challenged the couples right to cross its land and offered an annual licence to pass over it for access to the paddock subject to agreement as to terms over maintenance.
The Tuckers were advised by the solicitor to launch legal proceeding against Sykes and in 1993 they sought a court ruling that they had a legal right to pass across Sykes land. But the proceedings were eventually struck out for want of prosecution and the Tuckers were ordered to pay Sykes costs.
MB Allen & Co accepted that it was negligent in allowing the proceedings to be struck out and that as a result of its negligence the Tuckers wasted the money they paid to pursue their claim against Sykes.
But the solicitor claimed that the Tuckers had been aware that there was no formal right of way to the property and alleged that the Tuckers were prepared to proceed on the basis that, to the knowledge of Mrs Tucker, the route to the paddock had been used without disturbance for many years.
However, ruling in the Tuckers favour, the judge said that he was satisfied that the couple would not have bought the paddock if they had been properly advised about the matter and that MB Allen & Co had been negligent and in breach of contract in failing properly to advise them over Sykes’ proceedings in 1992.
The exact amount of the damages to be awarded will be decided at a later hearing unless the parties are able to reach an agreement.
Tucker and another v MB Allen & Co and others Queens Bench Division (Michael Supperstone QC, sitting as a deputy judge of the division) 27 November 2000.
PLS News 28/11/00
