The appellant claimed damages for professional negligence against his former solicitors. His bank had obtained posession of his mortgaged flat. He had requested his solicitors to issue a counterclaim. His action was dismissed on the basis that the possibility of a counterclaim had been lost with the order for possession.
Held: There were circumstances where the action might have continued after the possession order, and in those proceedings he might have counterclaimed. He had now lost that chance. There was a difference between a satisfied judgment and a satisfied claim.
Judges:
The Hon Mr Justice Morland
Citations:
[2003] EWHC 2521 (QB), Times 13-Nov-2003
Links:
Jurisdiction:
England and Wales
Legal Professions, Professional Negligence
Updated: 08 June 2022; Ref: scu.187279
