Kenneth Elliot & Rowe (a firm) v Gallagher [2009] EWCA Civ 69 (26 January 2009)

Kenneth Elliot & Rowe (a firm) v Gallagher [2009] EWCA Civ 69 (26 January 2009)

Because the trial judge's findings of dishonesty and lack of credibility against Mr Gallagher could not be challenged, there was no prospect of establishing any loss of a chance in the underlying insurance claim, rendering the appeal unsustainable.

Source-derived case information.

Citation
[2009] EWCA Civ 69
Parties
Respondent/claimant: Kenneth Elliot & Rowe (A Firm); Appellant/defendant: Gallagher
Jurisdiction
England and Wales
Judgment Date
26 January 2009
Procedural Posture
Civil Appeal / Appeal From Trial Judgment
Outcome
Appeal dismissed
Legal Topics
Solicitors' Fees, Limitation Act, Loss of Chance, Dishonest Claims, Indemnity Costs
Civil Procedure Professional Negligence Solicitors' Fees Limitation Act Loss of Chance Dishonest Claims Indemnity Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kenneth Elliot & Rowe (A Firm)

Respondent/claimant

Gallagher

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From Trial Judgment

Legal Issues

  1. 1 Whether the solicitors were negligent in failing to advise about the limitation period
  2. 2 Whether the claimant lost a chance to recover further insurance proceeds due to alleged negligence
  3. 3 Whether the underlying insurance claim was dishonest

Ratio Decidendi

Because the trial judge's findings of dishonesty and lack of credibility against Mr Gallagher could not be challenged, there was no prospect of establishing any loss of a chance in the underlying insurance claim, rendering the appeal unsustainable.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No permission to appeal dishonesty findings