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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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