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19 September 2013
Issue: 7576 / Categories: Case law , Law digest
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Solicitor

Barnaby v Raleys [2013] Lexis Citation 59, [2013] All ER (D) 63 (Sep)

It was established law that in order for a court to make a finding of professional negligence against a solicitor it would first have to be determined whether there had in fact been a breach of duty. Second, if there had been, the court had to then ask whether the breach caused or materially contributed to the claimant’s alleged loss. Third, the court had to decide if the claimant had lost something of value in the sense that his prospects of success were more than negligible. Fourth, if the court decided that the claimant had lost a claim with more than a negligible prospect of success, it had to make a realistic assessment of what those prospects of success were. Finally, the court would need to make an assessment of what the likely value of the claim was having taken account of the prospects of success.

 

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MOVERS & SHAKERS

Fieldfisher—Will Sharp

Fieldfisher—Will Sharp

Fieldfisher boosts structured finance practice with appointment of Will Sharp

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke grows its life sciences team with new partner hires

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal expands corporate team with twonew appointments

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
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