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
