Zwebner v Mortgage Corporation Plc & Anor, Court of Appeal - Civil Division, June 18, 1998, [1998] EWCA Civ 1035
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Zwebner v Mortgage Corporation Plc & Anor, Court of Appeal - Civil Division, June 18, 1998, [1998] EWCA Civ 1035
IN THE SUPREME COURT OF JUDICATURE CH 1991 Z 8181IN THE COURT OF APPEAL (CIVIL DIVISION)ON APPEAL FROM THE HIGH COURT OF JUSTICECHANCERY DIVISION(MR JUSTICE LLOYD) Royal Courts of Justice Strand London W2A 2LL Thursday 18th June 1998 B e f o r e LORD JUSTICE HOBHOUSE LORD JUSTICE WALLER LORD JUSTICE ROBERT WALKER RITA ZWEBNER v. (1) THE MORTGAGE CORPORATION PLC Respondent (2) TRUSTEE OF THE PROPERTY OF MICHAEL JOHN ZWEBNER and BROOKS & CO Appellant (Handed down transcript of Smith Bernal Reporting Limited, 180 Fleet Street London EC4A 2HD Tel: 0171 421 4040 Official Shorthand Writers to the Court) MR ALASTAIR NORRIS QC (instructed by Messrs Mills & Reeve) appeared on behalf of the Appellant (Third Party).MR DANIEL SEROTA QC and MR TIMOTHY HARRY (instructed by Messrs Salans Hertzfeld & Heilbronn) appeared on behalf of the Respondent (First Defendant). J U D G M E N T (As approved by the court) ©Crown CopyrightLORD JUSTICE ROBERT WALKER: This is an appeal from an order of Lloyd J. made on 12 March 1997 on the trial of the issue of liability in third-party proceedings by the Mortgage Corporation Ltd ("TMC") against a firm of solicitors, Brooks & Co ("the solicitors"). The Judge held the solicitors liable to TMC for breach of their contract of professional retainer, and gave directions for trial of the issue of quantum.In reaching that conclusion the Judge decided in TMC's favour one only of three main issues raised i...See the full content of this document
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