Perry v Raleys Solicitors

The trial judge erred in law and fact by conducting a trial within a trial on causation, misallocating the burden of proof, failing to properly consider medical evidence, and wrongly finding dishonesty. Mr Perry lost a substantial chance (80%) to claim a services award due to Raleys' admitted negligence. Damages should be awarded in the agreed sum plus interest at the judgment debt rate.

Parties: Appellant/claimant: Frank Perry; Respondents/defendants: Raleys Solicitors
Jurisdiction: England and Wales
Judgment Date: 28 April 2017
Procedural Posture: Civil Appeal / Appeal From County Court Judgment
Outcome: Appeal allowed
Legal Topics: Solicitor Negligence, Loss of Chance, Causation, Damages, Interest Rate

Professional Negligence Tort Law Solicitor Negligence Loss of Chance Causation Damages Interest Rate

Case Brief

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Parties

Frank Perry

Appellant/claimant

Raleys Solicitors

Respondents/defendants

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

1 Whether the trial judge erred in law and fact in dismissing the claimant's professional negligence claim against his former solicitors for loss of chance to claim a services award under the VWF Scheme
2 Appropriate approach to causation and quantification of damages in professional negligence claims involving loss of chance
3 Correct rate of interest for damages awarded in professional negligence claims

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Judgment for Mr Perry in the sum of £14,556.15 plus interest at 8% per annum from 1 December 2006