header-logo header-logo

Playing the blame game: an abuse of process?

131273
What next when a disgruntled litigant decides to sue their lawyer for negligence after losing a case? Michael Bundock examines when such a claim may be struck out as an abuse
  • Losing litigants sometimes sue their lawyers for negligence.
  • Such claims involve scrutiny of the original judgment.
  • In what circumstances will they be struck out as an abuse?

Every litigation lawyer is familiar with the complaints of the disappointed litigant. Cases have winners and losers, and the losing party may point the finger of blame at their lawyers. In some cases, they may sue for professional negligence.

If such a claim is to succeed, the claimant must persuade the judge that, had the lawyer not been negligent, the court would (or, at least, might) have reached a different decision. Therefore, the negligence claim necessarily involves scrutiny of the earlier court decision.

If a litigant has lost a claim because of the negligence of the solicitor or barrister involved, it is in most cases

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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
back-to-top-scroll