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Bristol & West Building Society v Mothew [1998]

Facts

  • A solicitor incompetently failed to notify his client of a second charge on the property which his client was proposing to fund

Issue

  • Was this incompetence a breach of the solicitor’s fiduciary obligations?

Decision

  • No

Reasoning

  • Lord Millet: fiduciary obligations a very strict as a principal exposes himself to his agent, however, a servant who tries his incompetent best is not in breach of these obligations of good faith
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