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19 June 2008 / James Counsell
Issue: 7326 / Categories: Features , Legal services , Procedure & practice , Employment
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An unjustified windfall?

Should courts take into account events which take place after the notional date of trial in a claim for damages for professional negligence? James Counsell reports

In Hibbert Pownall & Newton v Whitehead (2008) EWCA Civ, [2008] All ER (D) 60, the Court of Appeal held that a firm of solicitors which was negligent in failing to conclude a mother's claim against a health authority for damages (for the wrongful birth of her son born with spina bifida) before the mother's death by suicide, was not liable to pay damages to the mother's estate for the child's care costs incurred after her death.

This important decision contains some useful reminders to personal injury and professional negligence practitioners of the difficulties of proving loss even when breach of duty is established. Of even more interest, perhaps, are the observations in the judgment of Lord Justice Laws as to the extent to which the court might be prepared to take into account unknown events which postdated the notional date of trial and which serve to reduce

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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