How helpful is witness evidence anyway? The impact (or not) of evidence from a third party in loss of chance cases – Hardwicke Chambers

‘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.’

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Hardwicke Chambers, 21st June 2019

Source: hardwicke.co.uk

Claim over solicitors’ negligence fails to establish loss of chance – Legal Futures

‘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.’

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Legal Futures, 29th April 2019

Source: www.legalfutures.co.uk

New Judgment: Perry v Raleys Solicitors [2019] UKSC 5 – UKSC Blog

‘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.’

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UKSC Blog, 13th February 2019

Source: ukscblog.com

Raleys ruling “good news for law firms and their insurers” – Legal Futures

‘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.’

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Legal Futures, 14th February 2019

Source: www.legalfutures.co.uk

Damages for loss of chance in professional negligence cases – Park Square Barristers

Posted April 26th, 2016 in damages, loss of chance, negligence, news, professional conduct by sally

‘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.”

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Park Square Barristers, 24th March 2016

Source: www.parksquarebarristers.co.uk

Assessing loss of a chance – Hardwicke Chambers

Posted November 27th, 2014 in appeals, employment tribunals, law firms, loss of chance, negligence, news by sally

‘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.’

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Hardwicke Chambers, 17th November 2014

Source: www.hardwicke.co.uk

HarperCollins sued by former death row prisoner over ditched book – The Guardian

Posted March 13th, 2013 in contracts, loss of chance, news, publishing by sally

“Nick Yarris, who was wrongfully convicted and sentenced to death for murder, sues publisher over abandoned life story.”

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The Guardian, 12th March 2013

Source: www.guardian.co.uk

Loss of a Chance and a Chance of Loss – Lecture by Lord Walker of Gestingthorpe

Posted October 29th, 2009 in lectures, loss of chance by sally

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