Source: All England Reporter
Publisher Citation: [2012] All ER (D) 68 (Oct)
Neutral Citation: [2012] EWCA Civ 1230
Court: Court of Appeal, Civil Division

Lady Justice Arden, Lord Justice Longmore and Lord Justice Patten

Representation John Wardell QC and Rupert Reed (instructed by Britannia Hotels) for the claimant.
  Stephen Moriarty QC and Derrick Dale QC (instructed by Reynolds Porter Chamberlain LLP) for the defendants.
Judgment Dates: 4 October 2012


Solicitor - Negligence - Inadequate advice - Claimant bringing claim for professional negligence against defendant solicitors' firm - Claimant claiming defendant's negligence resulting in settlement of £1m instead of £3m - Defendant instructing leading counsel to advise on settlement - Judge dismissing claim - Claimant appealing - Claimant submitting defendant remaining under duty to give advice once leading counsel instructed - Whether judge erring.

The Case

Solicitor Negligence. The Court of Appeal, Civil Division, upheld a finding that the defendant had not been liable for professional negligence in circumstances where the claimant had settled an action against his former accountants. Further, the judge had not erred in refusing to award the defendant its costs of its unsuccessful counterclaim for outstanding fees.

Practice Areas

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