Solicitors should not overrule instructions from ‘sane’ adult clients
Lord Justice Jackson has issued a withering putdown of law firm Mellor Hargreaves for its role in persuading an ex-miner to ‘top up’ his damages award through a professional negligence claim against his former solicitors.
The case concerned Graham Thomas who received £10,373 general damages for vibration white finger but opted not to pursue special damages. Seven years later, after responding to an advert by Mellor Hargreaves, he pursued a claim for professional negligence against the first firm of solicitors for not advising him to claim an extra £16,654 special damages for not being able to do decorating, DIY and gardening.
The first firm, Hugh James Ford Simey countered that the Thomas had stated at the time that he did not wish to pursue a claim for special damages and that he lacked any evidence to support it.
Dismissing the appeal, in Thomas v Hugh James Ford Simey Solicitors [2017] EWCA Civ 1303, Jackson LJ held Hugh James Ford Simey had complied with its duties to Thomas. ‘There must be a sensible limit upon what we can expect solicitors to do in such cases,’ he said.
NLJ columnist Professor Dominic Regan, of City University, said: ‘The judgment is welcome. It is a delight to see the court being worldly and rejecting the absurd notion that a solicitor should overrule instructions from a sane adult client.
‘It is consistent with Minkin v Landsberg [2015] EWCA Civ 1152 where Jackson again limited the scope of liability. All the more reassuring as fixed costs mean that only a finite amount can be done with a limited budget.’
Mellor Hargreaves went into administration in July 2017.
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