Top private client solicitor escapes paying damages

NEGLIGENCE: 'suspended animation' caused client no loss

The head of private client work at City firm Collyer-Bristow avoided damages last week after the High Court found that his minor breach of duty in a probate case did not cause his client loss.

John Saner, appointed to administer the estate of a client, was sued by beneficiary Rachel Younger, one of three children bequeathed an interest in an hotel-owning company.

Ms Younger - who alleged that Mr Saner was negligent in carrying out his job, and she had suffered loss as a result - appealed to the High Court after her initial claim failed.

Lord Justice Robert Walker found that Mr Saner 'could have done more' to secure income from the business, and that a court application he made for the company 'may have made matters worse'.

The judge said: 'Not only did it distract Mr Saner's attention from other matters, it also sent them into suspended animation.'

But he found mitigating factors including a lack of original documents, the complexity of the problems, the lack of funds, and hostility and mistrust between the beneficiaries.

The judge said: 'He must not be judged by hindsight, or by too demanding a standard.' Mr Saner's only breach of duty was minor and caused no loss, the judge held.

Chief executive Jonathan Fox said the firm and Mr Saner were 'delighted' by the outcome.

Jeremy Fleming