Mulcahy v Castles Solicitors and another

Solicitor – Negligence. The claimant had instructed the defendant firm of solicitors to represent her in divorce proceedings. The claimant completed a Form E, but her income had subsequently fallen over a period of four months. The defendants instructed counsel but failed to inform him of the fall in the claimant's income, and instead provided details of higher earnings. The ancillary relief proceedings were settled outside court, and the settlement was largely in line with the claimant's Calderbank offer that had been drafted in conference on counsel's advice. The claimant issued proceedings seeking damages for professional negligence against the defendants, based on their failure to inform counsel of the claimant's fall in income. The Court of Appeal, Civil Division, in dismissing the claimant's appeal, held that there was no causative potency to the allegation, which had not been pleaded consistently during trial.

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