header-logo header-logo

Damage limitation

Hugh Evans & Miles Harris delve into the issue of contingent liability

* * * * * *

By his decision in AXA Insurance Limited v Akther & Darby Solicitors & Ors [2009] EWHC 635 (Comm), [2009] All ER (D) 285 (Mar), Mr Justice Flaux has reduced some of the uncertainties caused by Law Society v Sephton [2006] 2 AC 543 as to when actual damage is suffered in tort.

His decision is of considerable interest to professional liability practitioners. The judge made it clear that, while the question of when actual damage is suffered is fact specific to each case, where a solicitor owes a duty to bring about a transaction with particular characteristics, if upon completion the transaction is fl awed because those characteristics are absent, the client suffers actual damage on the date of the transaction. The fact that the fl aw in the transaction means that inherent in it is a risk which in one sense is contingent, as it may or may not occur, does not

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In Ward v Rai, the High Court reaffirmed that imprecise points of dispute can and will be struck out. Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp reports on the decision and its implications for practitioners
Could the Supreme Court’s ruling in R v Hayes; R v Palombo unintentionally unsettle future complex fraud trials? Maia Cohen-Lask of Corker Binning explores the question in NLJ this week
back-to-top-scroll