Facts
- Mr White asked his solicitor, Jones, to change his will to benefit his 2 daughters
- Jones took a significant time to respond to this request, during which time White died
- The daughters did not benefit from Mr White’s will, therefore claimed their losses from Jones
Issue
- Could solicitors be liable to those with who they have no contractual relationship if they performed their work negligently
Decision
- Jones was liable
Reasoning
- As a special relationship existed, the Caparo test was satisfied as the loss was foreseeable, there was a proximate relationship between the client and his will’s beneficiaries, and there were no reasons why liability could not be fair, just and reasonable
Citation
[1995] 2 AC 207
