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Devon County Council v Clarke: CA 17 Mar 2005

The claimant had succeeded in his claim for damages for professional negligence for having failed to diagnose his learning difficulties. The defendants appealed the order for costs.
Held: Though successful, his success had been against only one of the defendants, and had lost on wholly discrete issues. It was appropriate that he should receive only 70% of his costs. Those advising such claimants should consider carefully with their experts which of the professionals it was reasonable to allege were negligent.

Citations:

[2005] EWCA Civ 266

Links:

Bailii

Jurisdiction:

England and Wales

Professional Negligence, Education, Costs

Updated: 29 June 2022; Ref: scu.223630

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