| Source: | All England Reporter |
| Publisher Citation: | [2002] All ER (D) 299 (Apr) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Kay LJ and Sir Swinton Thomas |
| Representation | The claimant appeared in person. |
| William Flenley (instructed by Beachcroft Wansbroughs, Birmingham) for the defendant. | |
| Judgment Dates: | 30 April 2002 |
Catchwords
Solicitor - Negligence - Damages - Judge having found in favour of claimant on liability - Claimant's damages to be assessed - Judge purportedly dismissing claimant's claim - Claimant appealing - Whether judge erring in dismissing claimant's claim.
The Case
In the circumstances of the instant case, where there had been no right of appeal from a decision under s84 of the no damages could have been awarded as there had been no loss. Accordingly, the appeal would be allowed to the extent that the judgment purporting to dismiss the claimant's claim would be set aside, and the claimant awarded 15 by way of nominal damages.
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