Decided 01 June 1983 Location New Zealand | Citation(s) [1983] NZLR 37 End date June 1, 1983 | |
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Full case name Jack Gartside v Joseph Thomas Sheffield(1st Defendant), Arthur William Young(2nd Defendant), Peter David Ellis(3rd Defendant), Trevor Clendon Gould(4th Defendant), John Keith Radley (5th Defendant) Transcript(s) Court oif Appeal judgment Ruling court Court of Appeal of New Zealand Judge sittings Robin Cooke, Baron Cooke of Thorndon, Ivor Richardson, Duncan McMullin People also search for White v Jones, Hedley Byrne & Co Ltd v Heller & Partners Ltd, Caparo Industries plc v Dickman | ||
Gartside v Sheffield [1983] NZLR 37 is a cited case in New Zealand regarding liability for negligence cases against lawyers
Contents
Background
Winnifred Herrold, aged 89, after suffering a fall and being admitted to a retirement home, on 2 October 1978 contacted her solicitor at the law firm of Sheffield, Young & Ellis (later to merge with Chapman Trip) to draw up a new will to leave the bulk of her estate to Jack Gartside. The solicitor visited her at her resthome on 5 October and took her instructions to draw up the new will.
However, Herrold died on 12 October, without her solicitor getting her to sign the new will. This resulted in Gartside getting nothing from the estate, as the estate was given to her sister under a previous will.
Gartside claimed the lawyers were negligent, whilst the lawyers said they did not owe a duty of care to a mere beneficiary.
Gartside sued the 5 partners of the law firm, which were able to get his claim struck out by the High Court.
He appealed.
Held
The Court of Appeal reinstated his claim, saying they did owe a duty of care to a beneficiary.