The appellant lender appealed the dismissal of its claim against a law firm that acted for both sides in a loan transaction, alleging conflict of interest and failure to advise on risks.
The respondent mortgagors cross-appealed, arguing the mortgage was invalid because the law firm failed to insist the wife obtain independent legal advice.
The Court of Appeal dismissed both appeals, upholding the trial judge's findings that no disqualifying conflict existed, the lender would have proceeded regardless of further advice, and the wife would have signed the mortgage even with independent legal advice because the loan benefited her family.
