The Practical Lawyer

Home
About
CPD
Subscribe
Contact

Loss resulting from breach of duty – reaffirmed

The SC has recently given a judgment on solicitor’s professional negligence. The case involved a retired miner. 

He instructed Raleys (no win administration) to make a claim on his behalf for a payment from a compensation scheme set up by the government. He accepted general damages and settled the claim. He later brought a claim against Raleys alleging that their negligent advice meant that he had lost the opportunity to claim a further award. The CC found in favour of the firm.

Raleys admitted breach of duty but denied that their breach had caused any further loss. The trial judge concluded that the claimant did not have a significant disability and dismissed his claim. The CA reversed the decision. The SC allowed Raleys’ appeal and restored the original judgment. The SC held that the CA had wrongly interfered with a determination of facts at the original trial and in so doing, had taken steps that an appellate court was not entitled to take. The credibility of the original oral testimony was a matter for the trial judge to consider and not the CA.

The decision reaffirms that courts are required to ensure that negligence claimants prove that loss was caused by the breach of duty complained of. Professional firms and their insurers have no doubt breathed a sigh of relief as this judgment will stem the flow of cases alleging under-settlement in litigation proceedings. See Perry v Raleys Solicitors [2019] UKSC 5.

 

Most-read articles

Contract – implied terms
Thursday, 14 March 2019
The SC has confirmed that it will imply a term into a contract to give it business efficacy. Read more...
Confidentiality – existence and content of will
Thursday, 14 March 2019
Each month we consider conduct and practice issues relevant to busy practitioners. This month we will consider the importance of keeping confidentiality in mind when disclosing the existence or... Read more...
Code for Completion by Post – new code
Thursday, 14 March 2019
The Law Society has published the new Code for Completion by Post. It will come into effect on 1 May 2019. CQS-accredited firms must use the Code. Read more...
Proceeds of crime – benefit
Thursday, 14 March 2019
The appellant’s criminal conduct was such that he had obtained the money and therefore benefited from it.  Read more...
Disability payments – no right to dismiss
Thursday, 14 March 2019
There is an implied term in a contract of employment that an employee will not be dismissed for incapacity while on long-term disability benefit. Read more...
Civil partnership – guidance
Thursday, 14 March 2019
How does a civil partnership affect the parties’ rights to different pensions?  Read more...
HMLR – fraud is not ‘mistake’
Thursday, 14 March 2019
A court can order rectification of an HMLR register of title if a mistake has been made.  Read more...
LTA54 – redevelopment must be real intention
Thursday, 14 March 2019
LTA 54 confers security of tenure on business Ts. L and Ts can contract out of the security of tenure provisions by following a prescribed procedure before the business tenancy is entered into.  Read more...
AST – security deposits capped
Thursday, 14 March 2019
From 1 June 2019 security deposits taken on commencement of ASTs will be capped at no more than five weeks’ rent where the annual rent is under £50,000 (and six weeks’ rent where the annual... Read more...
Loss resulting from breach of duty – reaffirmed
Thursday, 14 March 2019
The SC has recently given a judgment on solicitor’s professional negligence. The case involved a retired miner.  Read more...

Resources

IAG International
www.totallylegal.com
MSI Global Alliance
In House Lawyer
Join the IBA now!