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    Nocton V Lord Ashburton - Wikipedia

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    KELVIN A JOHN
    Nocton v Lord Ashburton was a 1914 House of Lords case that confirmed a professional, such as a solicitor, can be held responsible for the welfare of a client if they provide unequivocal professional advice. In this case, Lord Ashburton's solicitor, Nocton, advised him to sell part of a property, but failed to disclose that doing so would make the remaining property insufficient security for an existing mortgage. The House of Lords ruled Nocton was liable for providing bad advice, given the fiduciary relationship between a solicitor and client, even though generally misstatements alone do not create liability.

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    Nocton V Lord Ashburton - Wikipedia

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    KELVIN A JOHN
    312 views2 pages
    Nocton v Lord Ashburton was a 1914 House of Lords case that confirmed a professional, such as a solicitor, can be held responsible for the welfare of a client if they provide unequivocal professional advice. In this case, Lord Ashburton's solicitor, Nocton, advised him to sell part of a property, but failed to disclose that doing so would make the remaining property insufficient security for an existing mortgage. The House of Lords ruled Nocton was liable for providing bad advice, given the fiduciary relationship between a solicitor and client, even though generally misstatements alone do not create liability.

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    Nocton v Lord Ashburton - Wikipedia

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    Nocton v Lord Ashburton was a 1914 House of Lords case that confirmed a professional, such as a solicitor, can be held responsible for the welfare of a client if they provide unequivocal professional advice. In this case, Lord Ashburton's solicitor, Nocton, advised him to sell part of a property, but failed to disclose that doing so would make the remaining property insufficient security for an existing mortgage. The House of Lords ruled Nocton was liable for providing bad advice, given the fiduciary relationship between a solicitor and client, even though generally misstatements alone do not create liability.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    312 views2 pages

    Nocton V Lord Ashburton - Wikipedia

    Uploaded by

    KELVIN A JOHN
    Nocton v Lord Ashburton was a 1914 House of Lords case that confirmed a professional, such as a solicitor, can be held responsible for the welfare of a client if they provide unequivocal professional advice. In this case, Lord Ashburton's solicitor, Nocton, advised him to sell part of a property, but failed to disclose that doing so would make the remaining property insufficient security for an existing mortgage. The House of Lords ruled Nocton was liable for providing bad advice, given the fiduciary relationship between a solicitor and client, even though generally misstatements alone do not create liability.

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    © All Rights Reserved
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    of 2

    Nocton v Lord

    Ashburton

    Nocton v Lord Ashburton [1914] AC 932 is a leading English tort law case concerning
    professional negligence and the conditions under which a person will be taken to have assumed
    responsibility for the welfare of another. It confirmed it extended to unequivocal professional
    advice.
    Nocton v Lord Ashburton

    Court House of Lords

    Decided 19 June 1914

    Citation(s) [1914] AC 932

    Keywords

    Professional negligence, assumption of responsibility

    Facts

    Lord Ashburton bought a property for £60,000 on Church Street, Kensington, London. His
    solicitor was Nocton who advised him to seek the release (lease or sell) part of the house (which
    was also security for a mortgage). This was a bad idea, because as Nocton in fact knew, this
    meant that the security would become insufficient. Lord Ashburton alleged the advice was not
    given in good faith, but rather in Mr Nocton's self-interest.

    Judgment

    Viscount Haldane LC for whole judicial committee held that despite Derry v Peek (which had
    disallowed any claim for misstatements apart from in the tort of deceit), Nocton was liable for
    his bad advice given the fiduciary relationship between the solicitor and client.

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