Thursday, 12 January 2012

Did she really just say that ?

Following on from HSBC’s controversial decision to restrict their conveyancing panel just 43 firms (down from approximately 4000) the bank may have added fuel to the fire by certain assertions about the quality of the restricted panel.

The Guardian Newspaper yesterday quoted HSBC spokeswoman Suman Hughes who said that while previously it "couldn't guarantee the consistency" of conveyancing firms, using the panel "guarantees a better service".

I am no litigator but that phrase “guarantees a better services” jumps out to me as a rather bold (and potentially dangerous statement)
1) Could that statement open up HSBC to a misrepresentation claim in the event that a customer receives poor legal advice ?
2) Does the reference to “better service” create a higher a duty of care on the part of their lawyers?

Only time will tell.

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