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Accrual of professional negligence claims: no continuing duty to revisit advice; later advice may found fresh cause of action — Sciortino v Beaumont [2021] EWCA Civ 786 (England and Wales)

Published on: 27 May 2021

Published by a LexisNexis Dispute Resolution expert

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Sciortino v Beaumont [2021] EWCA Civ 786 What are the practical implications of this case?

This ruling is poised to affect practitioners who advise on professional negligence claims, particularly proceedings brought against solicitors and barristers. Although the Court of Appeal reaffirmed that there is no ‘continuing duty’ to revisit or reassess earlier advice, it decided that a fresh breach of duty may arise on every occasion advice is given, even where it concerns the same point. That approach may assist claimants to pursue negligence actions that might otherwise have fallen foul of limitation. The Court of Appeal also confirmed that, subject to the express terms of the retainer, there is no ongoing obligation to scrutinise past advice for latent mistakes. Where negligent advice gives rise to loss occurring outside the limitation period, the claim will, in general, be time-barred. That outcome cannot be sidestepped by asserting that the lawyer owed a continuing obligation to re-evaluate their previous advice. However, the Court of Appeal further held that, where two breaches of duty are alleged, one outside the limitation window and one within it, there is no legal basis to prevent a claim for loss flowing from the later of those breaches...

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