Kenneth Elliot & Rowe (a firm) v Gallagher

Kenneth Elliot & Rowe (a firm) v Gallagher

Because the trial judge's findings of dishonesty against Mr Gallagher could not be challenged, there was no prospect of establishing any loss of chance in the insurance claim. The appeal on negligence and loss of chance must therefore fail.

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
Solicitor's Negligence, Limitation Period, Loss of Chance, Dishonesty Findings
Professional Negligence Civil Procedure Solicitor's Negligence Limitation Period Loss of Chance Dishonesty Findings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

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 on limitation period
  2. 2 Whether Mr Gallagher lost a chance to recover further insurance proceeds due to alleged negligence
  3. 3 Whether the findings of dishonesty against Mr Gallagher could be challenged on appeal

Ratio Decidendi

Because the trial judge's findings of dishonesty against Mr Gallagher could not be challenged, there was no prospect of establishing any loss of chance in the insurance claim. The appeal on negligence and loss of chance must therefore fail.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No permission to appeal dishonesty findings