Description
Legal. In proceedings against a barrister who had acted in an unsuccessful attempt by the claimant to enfranchise under the Leasehold Reform Act 1967, it was alleged that he failed to advise the service of a protective notice whilst the validity of an earlier notice was being contested. Whilst there might have been a form of wording for a protective notice that would not have prejudiced the one already challenged and yet been effective in the event that the former notice had been found defective, the failure to advise in respect of that wording was not negligent. In addition on the facts of the case, the barrister had not been appraised of the necessary information until late in the day. The assessment of the Claimant as a credible witness was again not negligent given his apparent intellect and background.
