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Negligence – Duty to take care. Claimant bringing action in respect of breach of duty against defendant solicitor following employment claim. The defendant admitted breach of duty in relation to the failure to lodge the claimant's cross-appeal before the relevant deadline but maintained that the claimant had not lost an opportunity of any value because the grounds of cross-appeal had no more than a negligible prospect of success. The remaining allegations of breach of duty were denied. The Queen's Bench Division held that there had been no breach of duty however in respect to the admitted breach however the claimant was entitled to recover damages for the loss of opportunity suffered as a consequence of the defendant's breach. The loss of that opportunity as a loss of an 18% chance of overall success, either in the litigation or by achieving a settlement.
Negligence – Duty to take care. Claimant bringing action in respect of breach of duty against defendant solicitor following employment claim. The defendant admitted breach of duty in relation to the failure to lodge the claimant's cross-appeal before the relevant deadline but maintained that the claimant had not lost an opportunity of any value because the grounds of cross-appeal had no more than a negligible prospect of success. The remaining allegations of breach of duty were denied. The Queen's Bench Division held that there had been no breach of duty however in respect to the admitted breach however the claimant was entitled to recover damages for the loss of opportunity suffered as a consequence of the defendant's breach. The loss of that opportunity as a loss of an 18% chance of overall success, either in the litigation or by achieving a settlement.
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