Negligence ruling

A solicitor from Gloucester has been found negligent by the Court of Appeal for failing to ensure that an agreement between his client and another party was legally enforceable.Christopher Lutton, a partner at Gloucester firm Luttons Dunford, had acted for the appellant, Christopher Gribbon, over selling land to a Mr Wynn in 1993.

Mr Wynn paid a non-refundable deposit of 21,600 to Mr Lutton, acting as stakeholder, to ensure a contract was entered into by a certain date.When a contract failed to materialise, both Mr Wynn and Mr Gribbon claimed the deposit.

At trial, it was held that as Mr Gribbon could not prove he had provided consideration for the deposit, it was refundable to Mr Wynn.In 1996, Mr Gribbon commenced proceedings against Luttons Dunford for failing to advise correctly on the agreement, which failed at first instance.In his judgment in the Court of Appeal, Mr Justice Laddie said: 'A binding contractual obligation could easily have been achieved in the present case if a suitable form of wording, involving, for example, a lock-out provision, had been put in place.

Mr Lutton and his firm failed to secure for their client an enforceable bipartite agreement under which the deposit would be forfeit if Mr Wynn failed to purchase.'Permission to appeal to the House of Lords was denied.

William Ellerton, a solicitor from Luttons' solicitors, Beachcroft Wansbroughs, declined to comment, except to say they would not be taking it any further.

Bevan Ashford acted for Mr Gribbon.Andrew Towler