Nocton v Lord Ashburton

Nocton v Lord Ashburton
CourtHouse of Lords
Decided19 June 1914
Citation(s)[1914] AC 932
Keywords
Professional negligence, assumption of responsibility

Nocton v Lord Ashburton [1914] AC 932 is a leading English tort law case concerning professional negligence and the conditions under which a person will be taken to have assumed responsibility for the welfare of another. It confirmed it extended to unequivocal professional advice.

Facts

Lord Ashburton bought a property for £60,000 on Church Street, Kensington, London. His solicitor was Nocton who advised him to seek the release (lease or sell) part of the house (which was also security for a mortgage). This was a bad idea, because as Nocton in fact knew, this meant that the security would become insufficient. Lord Ashburton alleged the advice was not given in good faith, but rather in Mr Nocton's self-interest.

Judgment

Viscount Haldane LC for whole judicial committee held that despite Derry v Peek (which had disallowed any claim for misstatements apart from in the tort of deceit), Nocton was liable for his bad advice given the fiduciary relationship between the solicitor and client.

See also

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  • t
  • e
Assumption cases
Fitzherbert, New Natura Brevium (1534)
Lampleigh v Brathwait (1615) 80 ER 255
Nocton v Lord Ashburton [1914] AC 932
Ultramares Corp v Touche 174 NE 441 (1931)
Combe v Combe [1951] 2 KB 215
Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465
Ministry of Housing and Local Govt v Sharp [1970] 2 QB 223
Crabb v Arun DC [1976] 1 Ch 170
Smith v Eric S Bush [1990] 1 AC 831
Waltons Stores Ltd v Maher (1988) 164 CLR 387
Austotel v Franklins (1989) 16 NSWLR 582
White v Jones [1995] 2 AC 207
Williams v Natural Life Health Foods Ltd [1998] 1 WLR 830

Notes