Charlotte Fleming and Sian Keddie discuss the legal concept of a Conservatorship, Scotland’s equivalent mechanism and steps that you can take to avoid the upset and distress experienced in Britney’s situation.
For the last 24 years the assessment of duty and the extent of liability in professional negligence cases has been determined with reference to the House of Lords’ decision in ‘SAAMCo’ (South Australia Asset Management Corporation v York Montague Ltd [1997] AC 191) and, more recently, the Supreme Court’s decision in Hughes-Holland v BPE Solicitors [2017] UKSC 21. A seven-judge panel of the Supreme Court has recently considered these cases and, in two connected judgments, set out ‘the proper approach to determining the scope of duty and the extent of liability of professional advisors’.
On 7 June 2021, the Scottish Sheriff Appeal Court issued its Judgment in the case of Danielle Weddle v Glasgow City Council [2021] SAC (Civ) 17. This case represented a further opportunity for the courts to consider the position over pursuers who have suffered a psychiatric injury alone. Such pursuers are ordinarily divided into primary and secondary victims.