Facts
- The defendant solicitor held money in his client account for the claimant, to be released upon completion of a property purchase
- The solicitor released some of the money early, making a significant personal profit
Issue
- Was the solicitor liable for the profit?
Decision
- No
Reasoning
- Although there was a breach of fiduciary duty, it would not have changed the financial position of the claimant had it not occurred
- The loss did not result from the defendant’s act