Berry v Laytons & Anor

Berry v Laytons & Anor

Laytons negligently advised Mr Berry regarding his entitlement to compensation under Regulation 17, failing to provide clear, positive advice that clause 12.2 of the agency agreement likely derogated from statutory rights and was not a reasonable pre-estimate. This negligent advice caused Mr Berry to settle for a...

Source-derived case information.

Parties
Claimant: Alex Berry; First Defendant: Laytons; Second Defendant: B. G. Jones
Jurisdiction
England and Wales
Judgment Date
03 July 2009
Procedural Posture
Civil / Judgment
Outcome
Judgment for the claimant
Legal Topics
Solicitors' Duty of Care, Commercial Agents Regulations, Liquidated Damages, Loss of a Chance, Compensation on Termination, Derogation From Statutory Rights
Professional Negligence Contract Law Commercial Law Solicitors' Duty of Care Commercial Agents Regulations Liquidated Damages Loss of a Chance Compensation on Termination +1 more

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Summary, issues, holding and outcome

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Parties

Alex Berry

Claimant

Laytons

First Defendant

B. G. Jones

Second Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Laytons gave negligent advice regarding Regulation 17 and Regulation 8 of the Commercial Agents (Council Directive) Regulations 1993
  2. 2 Whether the advice caused loss to Mr Berry
  3. 3 Assessment of damages for loss of a chance

Ratio Decidendi

Laytons negligently advised Mr Berry regarding his entitlement to compensation under Regulation 17, failing to provide clear, positive advice that clause 12.2 of the agency agreement likely derogated from statutory rights and was not a reasonable pre-estimate. This negligent advice caused Mr Berry to settle for a sum far below his statutory entitlement, resulting in recoverable loss assessed as the value of the lost chance to pursue a claim or negotiate a higher settlement.

Court Disposition

Judgment for the claimant

Orders

  • Laytons to pay Mr Berry £192,189 plus interest for loss caused by negligent advice under Regulation 17
  • Claim under Regulation 8 dismissed