The plaintiffs purchased a cottage property with the intention of severing it into three lots, relying on the defendant solicitor's advice that severance would be straightforward due to a Planning Act consent stamp on title.
The solicitor later admitted this advice was negligent, as the consent was qualified and severance was not guaranteed.
The plaintiffs sued for the lost hypothetical value of the severed lots and carrying costs.
The court applied the Messineo measure of damages, finding that the plaintiffs suffered no loss because they paid fair market value for the unsevered property, which had since significantly increased in value.
The court awarded only $3,100 in special damages for the wasted retainer and application fees.
