Where a personal injury claimant’s claim had been lost because of the solicitor’s negligence, the notional time for assessment of damages was the time at which a trial might properly have been expected to have been held. This did not however preclude the admission of, for example, medical evidence which only became available after that date.
Held: The recorder erred. Mr Watkins had lost a claim under the Scheme of some value and the Recorder should have proceeded to assess its value on a loss of opportunity basis. I would therefore dismiss the appeal and remit the matter for assessment of the value of the loss of the opportunity to pursue the services claim.
Times 22-Dec-1999,  1 WLR 1278
England and Wales
Cited – McKinnon and another v E Survey Ltd (formerly known as GA Valuation and Survey Ltd) ChD 14-Jan-2003
The claimants purchased a house relying upon a survey by the defendants. Although the defendants reported long standing movement of the property, the defendants failed to report that to be saleable, a long investigation would be required, reducing . .
Cited – Hibbert Pownall and Newton (A Firm) v Whitehead and Another CA 4-Apr-2008
The defendant solicitors had been engaged to pursue a claim for damages for injury arising on the birth of the claimant. They had been instructed by the mother, but she then died, and the claim was compromised. The solicitors now appealed against a . .
Cited – Edwards v Hugh James Ford Simey Solicitors SC 20-Nov-2019
The claimant sought damages saying that the defendant solicitors had failed to secure the incremental award of compensation under the vibration white finger scheme. The central issue was whether evidence which only became available later, but which . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Professional Negligence
Updated: 09 May 2022; Ref: scu.78983