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Boundary disputes – duty to advise |
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We all know that boundary disputes between neighbours can become
extremely emotional and bitter. All too often, a dispute over a relatively
small amount of land which, in itself, is of limited value can escalate out
of all proportion. If you are involved in such a case then note this clear
warning from the CA:
‘In such cases, professional advisers should regard themselves as under a duty
to ensure that their clients are aware of the potentially catastrophic consequences
of litigation… and of the possibilities of alternative dispute procedures.’
In other words, give the client crystal-clear warning when things are
getting out of hand and proactively encourage the use of ADR. If you do
not, you may eventually find the disgruntled client turns his fire on you
and argues that you are in breach of your duty to properly advise. See
Liaquat Ali v Robert Lane [2006] EWCA Civ 1532.
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December 2006 |
