Brinn and Another v Russell Jones and Walker (A Firm): QBD 12 Dec 2002

Police officers had instructed their solicitor to sue in defamation. By their negligence the chance of a claim was lost. They instructed a second firm of solicitors to claim against the first, but this firm also were negligent. The damages fell to be assessed.
Held: It was not clear that the first firm were negligent in not joining the author having failed to identify that the defendant company was impecunious. The total claim must be reduced to allow for the effect of the impecuniosity of the final defendants on the settlement which would have been obtained.


Gray J


[2002] EWHC 2727 (QB)




England and Wales


CitedKitchen v Royal Air Force Association CA 1958
The plaintiff’s husband, a member of the RAF, was electrocuted and killed in the kitchen of his house. A solicitor failed to issue a writ in time and deprived the plaintiff of the opportunity to pursue court proceedings.
Held: Damages were not . .
CitedDuchess of Argyll v Beuselinck ChD 1972
The court found that the plaintiff’s solicitor had not been under a duty to give tax advice in the context of the particular transaction. The performance must be judged in the light of the events known at the time. The court advised against the use . .
CitedMidland Bank Trust Co Ltd v Hett Stubbs and Kemp (a firm) ChD 1978
A solicitor had failed to register an option as a land charge over property. The court was asked what steps should have been taken by a solicitor in the conduct of a claim: ‘Mr Harman [leading counsel for the plaintiff] sought to rely upon the fact . .
CitedMount v Barker Austin (a Firm) CA 18-Feb-1998
The plaintiff sought damages for professional negligence from his former solicitors in respect of their conduct of a claim on his behalf. He succeeded, but was awarded no damages because the judge had found that his action would be bound to fail. He . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 31 October 2022; Ref: scu.178902