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Celia Farnon v Devonshires

Tuesday, 06 December 2011

Judgment was today entered in the High Court in the matter between Celia Farnon and Devonshires Solicitors. Ms Farnon had claimed to have suffered loss as result of allegedly negligent advice given to her in 2008 by Devonshires Partner, Nicola Philp.

The judgment, by Mr Justice Owen, unreservedly rejected Ms Farnon’s claim, “In my judgment, the claimant has failed to establish that Ms Philip was in breach of her duties, and the claim must be dismissed.”  [105]

The following are further extracts from the judgment;

“I have come unhesitatingly to the conclusion that on this aspect of the case, as in other areas where there is a conflict of evidence, the evidence of Ms Philp is to be preferred…Ms Philp impressed as a reliable witness who gave evidence in a careful and straightforward manner”.  [54]

I found the claimant’s assertion … wholly unconvincing.”  [60]

Referring to Ms Farnon: “Her explanation for not doing so does not ring true.     It further demonstrates her unreliability as a witness.”  [61]

Referring to Ms Farnon: “She was prepared to give a false impression in order to secure a job.  Such evidence does little to install confidence in her credibility.”  [84]

“I unhesitatingly accept the evidence of Ms Philip supported as it is by the contemporaneous documentation, which serves fatally to undermine the account given by the claimant.” [102]

Devonshires’ Senior Partner, Allan Hudson, commented, “This judgment confirms the quality of Nicola Philp’s advice and of her professionalism in the face of an ill-advised and unfounded claim.”

 

Celia Farnon v Devonshires