Source: All England Reporter
Publisher Citation: [2009] All ER (D) 188 (Jan)
Court: Court of Appeal, Civil Division

Waller, Wilson and Stanley Burnton LJJ (Judgment delivered extempore)

Representation Paul Sutherland (instructed by Kennedys) for the claimant.
  Andrew Veen (instructed on a pro-bono basis through the Direct Public Access scheme) for the defendant.
Judgment Dates: 26 January 2009


Negligence - Solicitor - Accrual of cause of action - Loss of chance - Claimant firm of solicitors bringing claim against defendant for non-payment of fees - Defendant defending claim and filing counterclaim against solicitors - Defendant alleging negligence on part of solicitors for failure to advise properly in respect of limitation period in bringing separate action - Defendant also alleging 'loss of chance' in recovering insurance monies from insurers in separate action - Judge making findings against defendant - Whether grounds to attack judge's findings.

The Case

Negligence Solicitor. Court of Appeal, Civil Division: The findings of a county court judge, in favour of the claimant firm of solicitors, and adverse to the defendant, were upheld on the basis of the lack of evidence to demonstrate error, and the position adopted by the defendant in respect of an aspect of his case on appeal.

Practice Areas

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