Sharpe v Addison (t/a Addison Lister)

Sharpe v Addison (t/a Addison Lister)

The Court of Appeal held that the claimant's underlying personal injury claim was not worthless and had a real and substantial prospect of success, albeit with a high degree of contributory negligence. The solicitor's negligence deprived the claimant of a valuable chance, and the proper assessment of damages required an overall discount of 90% (reflecting 75% contributory negligence and a further discount for liability uncertainty), resulting in an award of 10% of the full quantum. The judge below erred in finding the claim valueless and in the assessment of future loss of earnings, which should be increased based on a more realistic multiplicand.

Parties
Claimant/appellant: Micah Sharpe (by his mother and litigation friend Christine Cunningham); Defendant/respondent: Michael R Addison (trading as Addison Lister)
Jurisdiction
England and Wales
Judgment Date
23 July 2003
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Solicitor's Negligence, Loss of Chance, Contributory Negligence, Damages Assessment
Professional Negligence Personal Injury Civil Procedure Solicitor's Negligence Loss of Chance Contributory Negligence Damages Assessment

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Parties

Micah Sharpe (by his mother and litigation friend Christine Cunningham)

Claimant/appellant

Michael R Addison (trading as Addison Lister)

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the claimant lost a real and substantial chance due to solicitor's negligence
  2. 2 Proper assessment of damages for loss of chance in professional negligence
  3. 3 Appropriate discount for contributory negligence and liability uncertainty

Ratio Decidendi

The Court of Appeal held that the claimant's underlying personal injury claim was not worthless and had a real and substantial prospect of success, albeit with a high degree of contributory negligence. The solicitor's negligence deprived the claimant of a valuable chance, and the proper assessment of damages required an overall discount of 90% (reflecting 75% contributory negligence and a further discount for liability uncertainty), resulting in an award of 10% of the full quantum. The judge below erred in finding the claim valueless and in the assessment of future loss of earnings, which should be increased based on a more realistic multiplicand.

Court Disposition

Appeal allowed

Orders

  • Respondent to indemnify the appellant in respect of the appellant's costs liability to the original defendants in the original action.
  • Arguments on costs to be submitted on paper if not agreed.