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Hendersons - Barristers' Chambers
Articles 23rd Mar 2017

SAAMCO – Revisited and Rebooted

BPE Solicitors v Hughes-Holland [2017] UKSC 21

1. In South Australia Asset Management Corpn v. York Montague Ltd [1997] A.C.191 (“SAAMCO”) Lord Hoffmann enshrined the principle that damages claimed for the negligence of a professional adviser must fall within that adviser’s “scope of duty”. Two decades on, Lord Sumption (giving the sole judgment of the Supreme Court in BPE Solicitors v Hughes-Holland [2017] UKSC 21) has reaffirmed Lord Hoffmann’s analysis in that case. In doing so, he has given sharper definition to some of the reasoning in SAAMCO and reduced the scope for its misapplication.

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