The Importance Of Attendance Notes – Prime London v Withers LLP

A lack of attendance notes and written communication has materially increased the number of successful claims that are brought against solicitors. This point has recently been emphasised in the High Court case of Prime London Residential Development Jersey Maser Holding Ltd v Withers LLP.

Prime London v Withers LLP

Case summary

Withers LLP was sued for professional negligence over advice given in 2014 by a litigation Partner in relation to a redevelopment project. Whilst the action cause in negligence failed due to causation issues, the Court criticised Withers’ Partners for failing to take notes at a crucial meeting in October 2014. Judge Pelling QC described the failure to take notes as:

Why are attendance notes important?

It is best practice for solicitors to keep detailed attendance notes. However, in a climate of increasing professional negligence claims, it is imperative that accurate attendance notes are taken. Attendance notes can be relied on several years after they were prepared and be admitted to Court as evidence. Crucially, they can provide evidence as to a solicitors breach of duty i.e. failure to give advice.

Relevant case law

In the case of Alliance and Leicester Building Society v Chopra [1994] N.P.C 52, the Defendant Solicitor claimed to have informed the plaintiff lender regarding the correct cash price of some shares, although there was no confirmatory letter or attendance note of this advice. The lender argues that the Solicitor had not provided such advice and if so, they would have re-examined the proposed loan. It is in this sort of circumstance where the best a solicitor can do is to speculate as to what he/she “must” have said. This is unlikely to carry as much weight as the recollection of the client who is bringing the claim. Therefore, a lack of attendance notes can be damaging to a defendant solicitor.

The case Dunhill v W Brook and Co (a firm) v Mr Crossley, decided on 15th March 2018, also considers the importance of attendance notes. This case was in relation to a professional negligence claim against a solicitor and counsel regarding the settlement of a personal injury claim just before trial. In this case, when attendance notes were produced for the Court to consider, only some were found to be accurate and some were found to have limitations, due to the notes being short compared to the length of time of the attendance and the person recording the note not having insight into the reasoning behind the conversations.

Shockingly, in March 2019, a Solicitor who faked attendance notes in a failed bid to ward off a negligence claim was struck off by the Solicitors Disciplinary Tribunal. The High Court also ordered that firm pay £229.970.00 damages to their client.