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David Cairns - the standard will be that of a reasonably competent solicitor acting in this field 10 years ago.

So, if a responsible body of such solicitors would not have advised then they are ok provided their decision not to so advise bears logical scrutiny.

This throws up some problems of course as it may be very difficult to find someone who can give an expert opinion on what was the duty of care 10 years ago. I'm guessing a couple of such solicitor experts will give the opinions in the vast majority of cases.

If a failure to advise was a breach of duty then away we go. If not, then everyone can breathe a sigh of relief (though I bet if your PII goes up because of this it won't come down).