Tort

Negligence - consent order for former wife to pay claimant lump sum - solicitor not liable in negligence for failing to advise claimant that lump sum might subsequently be reduced Westbury v Sampson: CA (Lords Justices Schiemann and Sedley and Mr Justice Bodey): 23 March 2001In 1990 a consent order was made in matrimonial proceedings requiring the claimant's former wife to pay a lump sum of 42,000 in two instalments to the claimant.

At that time it seemed that she would have no difficulty in raising the balance of 40,000, but her circumstances subsequently changed.

The wife paid 2,000, but failed to make any further payment.

In 1993 on her application to the court under section 31(1) of the Matrimonial Causes Act 1973 to vary the order the balance was reduced to 10,000.

In 1997 the claimant brought an action in negligence against the defendant solicitor based on the solicitor's failure to advise him on the effect of section 31 before the consent order had been made.

The trial judge gave judgment for the defendant.

The claimant appealed.Witold Pawlak (instructed by Warner Goodman & Streat, Southampton) for the claimant.

Jonathan Cohen QC (instructed by Blake Lapthorn, Portsmouth) for the defendant.Held, dismissing the appeal, that the change in the wife's circumstances had not been reasonably foreseeable when the order was made; and that the claimant's loss had not been caused by the failure to advise on the effect of section 31 since he would in any event have been vulnerable to the risk of the order being varied, if not under section 31, then on an appeal against the order out of time with leave of the court.