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The issue is: was the client told?
If the answer is "yes" then how can there be negligence?
If the client did not read the letters sent or the report on title and simply signed it to get on with the case then that is their fault.
Sending them the documentation/lease to read is not good enough. Risk factors must be highlighted so that the client's decision to proceed is informed-otherwise what is the point of a Solicitor being involved.
However the low number of claims makes one wonder if this is as big a problem as the CMC trying to raise public awareness and make money out of such claims would like us all to fear.
I have a feeling this is a media storm (as far as Solicitors' negligence is concerned) but one where the public's ire will be directed towards house builders and I also don't accept that any legislation to rectify the situation will not be retrospective.