The helpline’s purpose was to give general and preliminary advice only. Miller, whose leg was subsequently amputated, instructed the firm nearly two years later, but the insurer refused the claim and the tour company went into administration.
Miller brought a claim for professional negligence, contending the firm’s duty to her began at the time she contacted the helpline.
The Court of Appeal unanimously dismissed Miller’s appeal. Lady Justice Andrew said the helpline gave ‘high-level preliminary advice… In general, a solicitor is not obliged to advise even a client with whom there is a formal contractual relationship to take steps to safeguard against the risk of unenforceability of a judgment due to the insolvency or impecuniosity of the other party to actual or prospective litigation.’
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