The applicants sought damages from the defendant solicitors who had failed to prosecute properly a claim for damages. Their building was damaged by fire, but they had not been insured. The action was against the brokers. The court had awarded them only the lost premium and costs, saying the full action would not have succeeded. They appealed. The solicitors had not advised them that they claim might be hopeless. However, they had a poor claims record, and insurance might well have been unobtainable, and one claim had not been disclosed.
Held: Damages were to be assessed according to the following principles. It was for the claimant to establish that his claim had the value claimed. The defendant solicitors had to establish that they had thought the claim of little value. Difficulties arising from the delay should normally weigh against the solicitor. The court should make a realistic and careful but generous assessment of damages. The claim was had a better than negligible chance of success. Damages should be awarded but reduced substantially to reflect the considerable litigation risks.
Judges:
Lord Justice Simon Brown, Lord Justice Chadwick, And Lord Justice Tuckey
Citations:
[2001] EWCA Civ 1269, [2002] 1 WLR 3118, [2002] 3 All ER 195, [2002] Lloyd’s Rep IR 11
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Mount 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 . .
Cited by:
Cited – Dixon v Clement Jones Solicitors (A Firm) CA 8-Jul-2004
The defendant firm had negligently allowed a claim for damages against a firm of accountants to become statute barred. The defendants said the claim was of no or little value, since the claimant would have proceeded anyway.
Held: The court had . .
Cited – Haithwaite v Thomson Snell and Passmore (A Firm) QBD 30-Mar-2009
The claimant sought damages from his former solicitors for admitted professional negligence. The court considered the loss suffered in the handling of his claim against a health authority. The solicitors received advice after issuing that the . .
Cited – Raleys Solicitors v Barnaby CA 21-May-2014
The claimant had been represented by the appellant in an action for personal injury. He said that the claim had been negligently settled for less than the proper damages award. The solicitors now appealed against an award of damages saying that any . .
Cited – Perry 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 . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence, Damages
Updated: 01 February 2022; Ref: scu.147647
