header-logo header-logo

Damage limitation

Hugh Evans & Miles Harris delve into the issue of contingent liability

* * * * * *

By his decision in AXA Insurance Limited v Akther & Darby Solicitors & Ors [2009] EWHC 635 (Comm), [2009] All ER (D) 285 (Mar), Mr Justice Flaux has reduced some of the uncertainties caused by Law Society v Sephton [2006] 2 AC 543 as to when actual damage is suffered in tort.

His decision is of considerable interest to professional liability practitioners. The judge made it clear that, while the question of when actual damage is suffered is fact specific to each case, where a solicitor owes a duty to bring about a transaction with particular characteristics, if upon completion the transaction is fl awed because those characteristics are absent, the client suffers actual damage on the date of the transaction. The fact that the fl aw in the transaction means that inherent in it is a risk which in one sense is contingent, as it may or may not occur, does not

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

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
back-to-top-scroll