Notices and solicitor’s negligence

Talisman Property Co (UK) Ltd v Norton Rose [2005] EWHC 85 (Ch)

Serving a suspect notice is always an embarrassment, and often mars a solicitor/client relationship. Insurers have to be informed. If the point is taken the case may take some months to resolve. Even if the notice is upheld the client may be cross that its proposals for the property have been slowed down pending the outcome of the case. The scope for claims to losses is considerable. The ideal is to avoid the argument in the first place. Inevitably allegations of negligence against solicitors in relation to notices will arise from time to time. The Landlord and Tenant Act 1954 has given rise to numerous claims. A recent one of interest to practitioners is Talisman Property Co (UK) Ltd v Norton Rose [2005] EWHC 85 (Ch), a decision of Lindsay J given 1 February 2005.