Shaw v Leigh Day (a firm)

Practice – Civil litigation. The Queen's Bench Division held that a district judge had erred in striking out the appellant's professional negligence claim against the respondent law firm. The judge's analysis and reasoning for rejecting elements of the appellant's claim relating to her claims for damages for distress and for fees paid as wasted expenditure/damages had failed to address the correct points to be considered. Further, the judge had been wrong to suggest that there was no reasonable ground for bringing a claim because in his view, there was little prospect of an outcome other than an award of nominal damages.

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