Thomas v Hugh James Ford Simey Solicitors [2017] EWCA Civ 1303 (04 September 2017)

Thomas v Hugh James Ford Simey Solicitors [2017] EWCA Civ 1303 (04 September 2017)

Solicitors acting under a fixed costs, high-volume personal injury scheme are not in breach of duty if, after advising about possible heads of claim, they accept the client's informed decision not to pursue a claim for which the client says there is no supporting evidence and does not wish to proceed. The solicitor is not required to provide further valuation or information about interim payments once the client has closed down that avenue of claim.

Citation
[2017] EWCA Civ 1303
Parties
Claimant / Appellant: Graham Thomas; Defendant/respondents: Hugh James Ford Simey Solicitors
Jurisdiction
England and Wales
Judgment Date
04 September 2017
Procedural Posture
Professional Negligence Appeal / Appeal From Trial Judgment (dismissal of Claim) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Solicitors' Duties, Scope of Retainer, Client Autonomy, Fixed Costs Schemes, Loss of a Chance, Special Damages, Vibration White Finger Claims
Professional Negligence Personal Injury Civil Procedure Solicitors' Duties Scope of Retainer Client Autonomy Fixed Costs Schemes Loss of a Chance +2 more

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Parties

Graham Thomas

Claimant / Appellant

Hugh James Ford Simey Solicitors

Defendant/respondents

Procedural Posture

Professional Negligence Appeal / Appeal From Trial Judgment (dismissal of Claim) to Court of Appeal

Legal Issues

  1. 1 Whether solicitors in a fixed costs, high-volume personal injury scheme are under a duty to advise about heads of claim the client has declined to pursue and for which the client says there is no supporting evidence
  2. 2 Whether the solicitors breached their duty by not providing a valuation of a potential services claim, not informing about interim payments, and by accepting the client's instructions to not pursue the claim

Ratio Decidendi

Solicitors acting under a fixed costs, high-volume personal injury scheme are not in breach of duty if, after advising about possible heads of claim, they accept the client's informed decision not to pursue a claim for which the client says there is no supporting evidence and does not wish to proceed. The solicitor is not required to provide further valuation or information about interim payments once the client has closed down that avenue of claim.

Court Disposition

Appeal dismissed

Orders

  • Claimant's appeal dismissed; judgment for the defendant solicitors stands.