Balamoan v Holden & Co (A Firm) [2001] EWCA Civ 1378 (29 August 2001)

Balamoan v Holden & Co (A Firm) [2001] EWCA Civ 1378 (29 August 2001)

The applicant failed to prove, on the balance of probabilities, that the defendant solicitors' negligence caused him to lose a real and substantial chance of recovering more than the amount he settled for in the original action. The evidence did not establish a lasting injury or loss of opportunity, and the judge's...

Source-derived case information.

Citation
[2001] EWCA Civ 1378
Parties
Applicant/claimant: Giorgios Balamoan; Respondents/defendants: Holden & Co (A Firm)
Jurisdiction
England and Wales
Judgment Date
29 August 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Solicitor Negligence, Loss of Chance, Assessment of Damages, Credibility of Witnesses
Professional Negligence Civil Procedure Solicitor Negligence Loss of Chance Assessment of Damages Credibility of Witnesses

Source-derived case record

Summary, issues, holding and outcome

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Parties

Giorgios Balamoan

Applicant/claimant

Holden & Co (A Firm)

Respondents/defendants

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the applicant suffered loss due to the defendant solicitors' negligence exceeding the amount recovered in settlement
  2. 2 Whether the applicant proved a causal connection between pollution and his medical condition
  3. 3 Whether the applicant lost a valuable opportunity due to the solicitors' conduct

Ratio Decidendi

The applicant failed to prove, on the balance of probabilities, that the defendant solicitors' negligence caused him to lose a real and substantial chance of recovering more than the amount he settled for in the original action. The evidence did not establish a lasting injury or loss of opportunity, and the judge's assessment of credibility and damages was unimpeachable.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal dismissed