COA reaches solicitor negligence claim verdict
The Court of Appeal has dismissed the solicitor negligence claim of an international businessman in a case that has its origins in instructions given to a London-based legal firm in 2007.
It is reported that the claimant hoped to make significant profits by investing in solar electricity initiatives in the Greek Islands but instead made losses of nearly £10 million, for which he blamed the advice of his solicitors.
However, the solicitor negligence claims have been dogged by claim, counter-claim, failure and appeal. For example, in 2011 the legal firm instructed by the businessman brought a claim for £25,000 in unpaid legal fees; an action that was soon countered by the businessman’s claim against a partner for negligently drafted purchase agreements.
In giving his judgement at the Court of Appeal, the judge concluded that the partner “was not negligent and that, if proved, the negligence alleged against [the partner] was not causative of any of the difficulties that engulfed the projects in which [the claimant and his associate] had become involved … In my judgment the appeal should be dismissed.”
The case goes to show the value of having clear advice and clear objectives at an early stage when considering a solicitor negligence claim. It also neatly demonstrates that litigation is best avoided wherever possible – particularly where it might be construed as recriminatory.
If you believe that the negligent actions of a solicitor have caused you to sustain otherwise avoidable financial loss and you would like to find out more information about the possible remedies available to you, click here from more information from London and Brighton based professional negligence lawyers Healys LLP.