Jones v Geldards LLP

Jones v Geldards LLP

The solicitors were negligent in failing to advise Mr Jones about the possibility of obtaining legal aid. There was a reasonable (50%) chance he would have applied for and obtained legal aid, which would have avoided the claim for fees. The claim for fees is dismissed, and no order for costs is made as justice is best served by balancing the mixed success and procedural history.

Parties
Appellant: David T Jones; Respondent: Geldards LLP
Jurisdiction
England and Wales
Judgment Date
21 July 2010
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed; claim dismissed
Legal Topics
Solicitor's Duty to Advise, Loss of Chance, Public Funding Eligibility, Costs Orders
Professional Negligence Legal Aid Costs Solicitor's Duty to Advise Loss of Chance Public Funding Eligibility Costs Orders

Case Brief

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Parties

David T Jones

Appellant

Geldards LLP

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether Geldards LLP was negligent in failing to advise Mr Jones about the availability of legal aid
  2. 2 Whether Mr Jones would have applied for and obtained legal aid if advised
  3. 3 Assessment of loss of chance and quantum

Ratio Decidendi

The solicitors were negligent in failing to advise Mr Jones about the possibility of obtaining legal aid. There was a reasonable (50%) chance he would have applied for and obtained legal aid, which would have avoided the claim for fees. The claim for fees is dismissed, and no order for costs is made as justice is best served by balancing the mixed success and procedural history.

Court Disposition

appeal allowed; claim dismissed

Orders

  • Claim for fees dismissed
  • No order as to costs