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 would have undermined the claim for the incremental award should be allowed for.
Held: It could not be. The judge at first instance had been mistaken in taking account of the effect of the later medical examination and its report. The scheme was intended to be simple, and the report would not have been obtained under it. The case was remitted to assess damages on the basis of the standard scheme operation.


Baroness Hale of Richmond PSC, Lord Reed DPSC, Lord Lloyd-Jones, Lord Sales JJSC, Lord Thomas of Cwmgiedd


[2019] UKSC 54, [2019] WLR(D) 643, [2020] 1 All ER 749, [2019] 1 WLR 6549, [2020] PNLR 8, 172 BMLR 1, UKSC 2018/0132, SC 2019 Jul 25 am Video


Bailii, WLRD, Bailii Summary, SC, SC Summary, SC Summary Video, SC 2019 Jul 25 pm Video


England and Wales


CitedBwllfa and Merthyr Dare Steam Collieries (1891) Ltd v Pontypridd Waterworks Co HL 1903
A coalmine owner claimed statutory compensation against a water undertaking which had, under its statutory authority, prevented him mining his coal over a period during which the price of coal had risen. The House was asked whether the coal should . .
CitedPerry v Raleys Solicitors SC 13-Feb-2019
Veracity of a witness is for the court hearing him
The claimant, a retired miner, had sued his former solicitors, alleging professional negligence in the settlement of his claim for Vibration White Finger damages under the government approved scheme for compensation for such injuries. At trial, the . .
Appeal fromEdwards v Hugh James Ford Simey (A Firm) CA 6-Jun-2018
. .
CitedPerry v Raleys Solicitors CA 28-Apr-2017
Appeal against dismissal of claim against the claimant’s former solicitors. Negligence was found, but no loss was proved in his personal injury claim. He had claimed a settlement at an undervalue of his claim of Vibration White Finger. The judge at . .
CitedArmstrong and others v British Coal Corporation (2) CA 31-Jul-1998
The corporation appealed against a decision that it was liable to the plaintiffs (representatives of 25,000 other plaintiffs) for damages for Vibratory White Finger. . .
CitedHibbert 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 . .
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 . .
CitedCharles v Hugh James Jones and Jenkins (A Firm) CA 22-Dec-1999
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 . .
CitedSomatra Ltd v Sinclair Roche and Temperley CA 28-Mar-2003
. .
CitedGolden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’) HL 28-Mar-2007
The claimant sought damages for repudiation of a charterparty. The charterpary had been intended to continue until 2005. The charterer repudiated the contract and that repudiation was accepted, but before the arbitrator could set his award, the Iraq . .
CitedDudarec v Andrews and others CA 22-Mar-2006
In a claim for negligence against his former solicitors, the claimant sought damages for the loss of a chance of success in a personal injuries action struck out for want of prosecution seven years earlier.
Held: If the evidence were the same . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 09 May 2022; Ref: scu.644385