From Montgomery to Baxendale-Walker - a professional's duty to warn of risks

This article analyses recent developments in the law on the standard of care owed by professional advisors to their clients. It reviews the landmark Supreme Court judgment in Montgomery v Lanarkshire Health Board,(1) which represented a shift away from the longstanding principle established in Bolam v Friern Hospital Management Committee.(2) The Courts appeared to be moving from a focus on what a reasonable professional would have done towards an emphasis on the needs of individual clients. Montgomery has been considered in three significant English claims against professionals outside the clinical sphere. In particular, this article will draw lessons from the Court of Appeal judgment in Iain Barker v Baxendale Walker Solicitors,(3) which provides an important clarification about the duty of care owed by solicitors and other professionals, in particular the duty to give risk warnings to clients.