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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll