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29 April 2016 / Helen Mulcahy
Issue: 7696 / Categories: Features , Professional negligence
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Testing times

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What test of damages should apply in a case involving concurrent causes of action, asks Helen Mulcahy​

Wellesley Partners (WP), a small but successful firm of head hunters in the investment banking sector, brought a successful negligence claim against Withers arising out of changes to WP’s LLP agreement, which was to allow for the admission of new investors who were to become members of the partnership (see Wellesley Partners LLP v. Withers LLP [2015] EWCA Civ 1146, [2015] All ER (D) 146 (Nov)). One of the investors, Addax, was to make a capital contribution of US$5,000,000 in return for a 25% interest. An element of the initial terms was that Addax would be entitled to exercise an option to withdraw half its capital contribution, after 42 months.

However, for reasons unknown, the junior solicitor who drafted the changes to the LLP agreement inserted that the option to withdraw was exercisable within the first 41 months. Twelve months following the investment, Addax exercised the option to withdraw half its capital contribution.

At the beginning of 2008,

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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
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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