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Allen v Alfred MacAlpine and Sons Ltd: CA 1968

References: [1968] 2 QB 259, [1968] 1 All ER 543
Coram: Diplock LJ
Ratio: The court described the peculiarly difficult position of a solicitor sued for the negligence of losing litigation for his client by reason of having his client’s claim struck out: ‘It is true that if the action for professional negligence were fought, the court which tried it would have to assess what those chances were. But on this issue the plaintiff would be in a much more advantageous position than if he had sought, despite the inordinate delay, to establish liability against the defendant in the action which had been dismissed. Not only would there be available to him any advice or material which had been given or obtained by his solicitor in support of his case in the dismissed action, but the principle of Armory v Delamirie (1722) 1 Stra. 505 would apply and would impose upon the solicitor the onus of satisfying the court that the plaintiff’s claim in the dismissed action would not have succeeded had it been prosecuted with diligence. This would be a heavy onus to sustain after so a great a lapse of time.’ and ‘The probabilities are that in any case in which the plaintiff had been advised to bring the action which had been dismissed and had never been advised to discontinue it, his subsequent action against his solicitor for negligence would be settled. One would hope that, for the good name of the profession, it would be settled promptly.’ As to the breach of the court rules the Court might strike out a claimant’s case where the breach ‘has been intentional and contumelious…’
Jurisdiction: England and Wales
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Last Update: 08 March 2019
Ref: 180392

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