Midland Bank v Cameron and Others, 1988 SLT 611, CSOH
Citation: Midland Bank v Cameron and Others, 1988 SLT 611, CSOH
Link to case on WorldLII (reference).
Rule of thumb: Can a Solicitor ever owe a duty of card to a 3rd party? Yes, in some limited circumstances if the 3rd party is named & there is a common intermediary involved to connect them.
Judgment:
There are 4 factors to be considered in deciding whether a duty of care is owed by a solicitor to a third party, ‘1) the solicitor must assume responsibility for advice or information passed on to a third party; 2) the solicitor must let it be known to the third party expressly or impliedly that he claims, by reason of his calling, to have the requisite skill and knowledge to give the advice or furnish the information; 3) the third party must have relied on that advice or information as matter for which the solicitor had assumed responsibility; 4) the solicitor must have been aware that the third party was likely so to rely’, Lord Jauncey
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.