Mallon v Halliwells

Mallon v Halliwells

The claimant failed to prove any substantial loss as a result of the solicitor's negligence, as the value of the right to the proceeds of sale was speculative in 2008 and no loss was suffered in 2005. Damages are only awarded for actual, not hypothetical, loss.

Parties
Appellant/claimant: Frank Mallon; Respondent/defendant: Halliwells LLP (in administration)
Jurisdiction
England and Wales
Judgment Date
09 July 2012
Procedural Posture
Civil Appeal / Appeal From First Instance Judgment
Outcome
appeal dismissed
Legal Topics
Assessment of Damages, Valuation of Loss, Solicitor's Negligence
Professional Negligence Contract Law Assessment of Damages Valuation of Loss Solicitor's Negligence

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Parties

Frank Mallon

Appellant/claimant

Halliwells LLP (in administration)

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From First Instance Judgment

Legal Issues

  1. 1 Whether damages for solicitor's negligence should be assessed as at April 2005 or autumn 2008
  2. 2 Whether the claimant suffered any substantial loss as a result of the negligence

Ratio Decidendi

The claimant failed to prove any substantial loss as a result of the solicitor's negligence, as the value of the right to the proceeds of sale was speculative in 2008 and no loss was suffered in 2005. Damages are only awarded for actual, not hypothetical, loss.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.