Call of Duty negligence sees property magnate win £1.1m

Call of Duty negligence sees property magnate win £1.1m

Negligent legal advice has resulted in a £1.1million fine for a firm of solicitors who failed to advise a property developer about a surge in Edinburgh house sales during 2007.

Managing Director of Kirkton Investments, Alan Berry, was instructed by VMH LLP of Edinburgh to stall his plans to sell his development after a ventilation duct preventing odour contaminating the site from a neighbouring fish and chip was deemed inadequate.
The firm was ordered to pay the damages as a subsequent slump in the housing market, succeeding the sub-prime crisis, soon followed. The court found that a duty of care had been breached by the solicitors as the time taken to resolve the issue meant the 19 townhouses and eight apartments located in Slateford, a prime city Edinburgh location, had been severely devalued.
Planning for the development was issued on the condition that a ventilation duct to replace the existing one at the Codfather Chipshop was installed. However, upon taking the advice from VMH LLP, Mr Berry refused to pay the shop owner £75,000 in installation costs.