Source: All England Reporter
Publisher Citation: [2002] All ER (D) 360 (Nov)
Court: Queen's Bench Division

Judge Langan QC sitting as a judge of the High Court

Representation Martin Spencer (instructed by Hay & Kilner) for the claimant.
  Francis Bacon (instructed by Crutes, Newcastle) for the defendant.
Judgment Dates: 25 November 2002


Negligence - Duty of care - Solicitor - Negligent prosecution of claim - Loss of nothing of value - Liability.

The Case

An action for damages arising from the defendant solicitor's admitted negligence in his prosecution of a claim arising out of a road traffic accident was dismissed, since on the evidence the claimant had had no more than negligible prospects of success in the original litigation, and therefore had lost nothing of any value by virtue of the defendant's negligence.

Practice Areas

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