header-logo header-logo

An unjustified windfall?

19 June 2008 / James Counsell
Issue: 7326 / Categories: Features , Legal services , Procedure & practice , Employment
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
Human rights lawyers, social justice champion, co-founder of the law firm Bindmans, and NLJ columnist Sir Geoffrey Bindman KC has died at the age of 92 years
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
In NLJ this week, Bea Rossetto of the National Pro Bono Centre marks Pro Bono Week by urging lawyers to recognise the emotional toll of pro bono work
Can a lease legally last only days—or even hours? Professor Mark Pawlowski of the University of Greenwich explores the question in this week's NLJ
back-to-top-scroll