Source: All England Reporter
Publisher Citation: [2015] All ER (D) 111 (May)
Neutral Citation: [2015] EWCA Civ 457
Court: Court of Appeal, Civil Division

Lady Justice Arden, Lord Justice Pitchford and Lord Justice Burnett

Representation Ben Hubble QC and Pippa Manby (instructed by Clyde & Co LLP) for the claimant.
  Michael Pooles QC and Gary Blaker QC (instructed by Irwin Mitchell LLP) for the defendant.
Judgment Dates: 12 May 2015


Solicitor - Negligence - Causation - Damages - Negligent advice - Claimant law firm bringing action against defendant for unpaid fees - Defendant counterclaiming, alleging claimant being negligent - Judge dismissing counterclaim - Whether judge erring in his findings of fact and conclusions drawn from them.

The Case

Solicitor Negligence. The defendant's counterclaim, alleging that the claimant law firm had been negligent, had been dismissed. The judge had found that there was no breach of duty, that causation for any losses there might have been had not been established and that there had been no loss. The Court of Appeal, Civil Division, in dismissing the defendant's appeal, held that the defendant had fallen far short of demonstrating that the judge's conclusions on breach of duty and causation had not been open to him.

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