Myers v Ellman, 1940 AC 282
Citation:Myers v Ellman, 1940 AC 282
Rule of thumb:What is the basic standard for professional negligence? It has to be a clear ‘gross’ error or an objective failure – just mediocre performance is not sufficient to constitute professional negligence. This applies for solicitor negligence as well as all types of professional negligence.
Ratio-decidendi:
‘mere mistake or error of judgement is generally not sufficient... a gross neglect or inaccuracy in a matter which it is the solicitor’s duty to ascertain with accuracy may suffice’, Lord Wright at 319
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.