Moy v Pettman Smith (a Firm)

The House of Lords heard an appeal from the Court of Appeal against a decision of the High Court that a barrister, Miss Perry, was not liable for negligence in giving advice to her client, Mr Moy, in a personal injury case. The Court of Appeal had held that Miss Perry had been negligent in the advice she gave, and that she should bear a proportion of the damages paid to Mr Moy. The House of Lords allowed the appeal, holding that Miss Perry had not been negligent. The House held that the advice which Miss Perry gave fell within the range of advice which a reasonably competent counsel of her seniority and experience would have given, and that it was not necessary for her to give a full explanation of her reasons to Mr Moy. The House also held that section 1(5) of the Civil Liability (Contribution) Act 1978 did not prevent Miss Perry from being liable in the proceedings, as the section was not intended to bar an appeal in the circumstances of the case. The House allowed the appeal, restored the order of the High Court, and made an order as to costs.