‘There was no express or implied retainer between a Buckinghamshire law firm and a businessman with a “colourful commercial career” suing it for £2.5m in damages, the High Court has ruled.’
Legal Futures, 6th May 2022
Source: www.legalfutures.co.uk
‘Emma-Louise Fenelon speaks with Sarah Lambert QC and Dominic Ruck Keene about what practitioners need to know when they encounter loss of chance cases.’
Law Pod UK, 29th November 2021
Source: audioboom.com
‘The claim related to an opportunity to develop a Jaguar Land Rover (JLR) dealership in Wolverhampton (the Wolverhampton Opportunity), which the claimants alleged was lost due to the negligence of the defendant solicitors.’
Hailsham Chambers, 8th October 2021
Source: www.hailshamchambers.com
‘The recent decision of Assetco Plc v Grant Thornton UK LLP [2020] EWCA Civ 1151, in which judgment was handed down at the end of August, is well worth professional liability lawyers paying attention to whether they are predominantly claimant practitioners, defendant ones or, like me, act for either side. It is a useful illustration of the application of the SAAMCo principle/doctrine (and also contains an interesting, if not entirely novel, analysis regarding loss of a chance).’
Hardwicke Chambers, 5th November 2020
Source: hardwicke.co.uk
‘Rory Thomson, a senior associate in the Insurance and Reinsurance Group at CMS, previews the appeal pending in the case of Edwards v Hugh James Ford Simey (a firm). The case concerns the correct approach to the assessment of damages in a claim for loss of chance arising from solicitors’ negligence, and the extent to which a court should admit evidence obtained after the date of settlement of the original claim as part of that assessment. The appeal was heard by the UK Supreme Court on 25 July 2019, and its judgment is currently awaited.’
UKSC Blog, 30th September 2019
Source: ukscblog.com
‘A solicitor makes a negligent error in a negotiation between a client and third party. The error leads the client to agree something different to the agreement the client had envisaged. What difference does the error make to the outcome and how should this translate into damages? Does the analysis change where the third party gives evidence and is adamant that the error made no difference to the outcome? These questions arose in Moda International Brands Ltd v Gateley LLP (1) & Gateley Plc (2). Against the background of the Commercial Court’s consultation on witness statements, this case offers an illustration of witnesses’ diminished role.’
Hardwicke Chambers, 21st June 2019
Source: hardwicke.co.uk
‘A married couple has largely failed in a claim of negligence against a firm of solicitors which had admitted that it failed to advise properly on a separate negligence case against another law firm.’
Legal Futures, 29th April 2019
Source: www.legalfutures.co.uk
‘Considers liability and damages where the appellant solicitor negligently failed to advise a client of a potential claim against a third party. Held: allowing the appeal, loss of chance damages have been developed by the courts to deal with the difficulties arising from the assessment of counter-factual and future events. In both types of situation, the courts at times depart from the ordinary burden on a claimant to prove the facts required for a successful claim on the balance of probabilities. However, this does not mean that the basic requirement that a negligence claim requires proof that loss has been caused by the breach of duty is abandoned. Applying this approach, the respondent needed to prove that, properly advised, he would have made a claim within time. Further, the judge was correct to impose the additional requirement of the claim having to be an honest claim.’
UKSC Blog, 13th February 2019
Source: ukscblog.com
‘Yesterday’s Supreme Court ruling on solicitors’ professional negligence is good news for both law firms and their insurers, and should stem the flow of claims about the under-settlement of personal injury claims, experts have said.’
Legal Futures, 14th February 2019
Source: www.legalfutures.co.uk
‘I should make it clear that I am not dealing with loss of a chance in the field of medical negligence. In that regard reference must be made to the complex reasoning in the House of Lords case of Gregg v Scott in 2005. Also, in that regard I commend a reading of the address Lord Neuberger gave to the Professional Negligence Bar Association in 2008. The reference is given in the handout materials and it can be found if you search Westlaw under “Loss of a Chance.”
Park Square Barristers, 24th March 2016
Source: www.parksquarebarristers.co.uk
‘In Chweidan v Mischon de Reya Solicitors [2014] EWHC 2685 (QB) Mrs Justice Simler considered the principles to be applied when assessing claims for loss of a chance and provided a helpful overview of a number of the leading authorities.’
Hardwicke Chambers, 17th November 2014
Source: www.hardwicke.co.uk
“Nick Yarris, who was wrongfully convicted and sentenced to death for murder, sues publisher over abandoned life story.”
The Guardian, 12th March 2013
Source: www.guardian.co.uk
Loss of a Chance and a Chance of Loss (PDF)
Lecture by Lord Walker of Gestingthorpe
The Law Reports Annual Lecture, 19th October 2009
Source: www.lawreports.co.uk
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