Offers You Just Can't Afford To Refuse! Solicitors Negligence - A Cautionary Tale On Mitigation Of Losses

The recent case of Hermann v Withers LLP [2012] EWHC 1492 (Ch) provides a cautionary tale to property lawyers giving useful guidance on the steps a party should take to mitigate their losses and whether costs of mitigation are recoverable.

The facts In this case, Mr and Mrs Hermann (the Hermanns) purchased a property in London valued at £6.8 million. In the course of pre-exchange enquiries, it became apparent that it was ambiguous whether ownership of the property also included a statutory right to use a communal garden that was situated opposite the property. Whilst the original estate agent's advertisement for the property stated...