||All England Reporter
|| All ER (D) 259 (Nov)
Judge Behrens sitting as a judge of the High Court
||Bernard Livesey QC and Mark Loveday (instructed by Vizards Livesey Cameron Walker) for the claimant.
||Roger Stewart QC and David Halpern (instructed by Barlow Lyde & Gilbert) for the firm.
||18 November 2005
Solicitor - Negligence - Damages - Loss of chance - Assessment of chance.
The effect of the service of the wrong notice by the firm was to cause the claimant to lose the opportunity of running an argument that might have led to an acceptance of a lower set off, in respect of the compensation, by a third party. On the evidence, the court assessed that chance at 30%, and, accordingly, claimant was entitled to 30% of 179,000.
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