Carol Miller v Irwin Mitchell LLP

Carol Miller v Irwin Mitchell LLP

No contract of retainer or equivalent duty arose until 25 January 2016; defendant owed no duty to advise or notify Lowcost before that date; obligation to advise on insurance notification arose only at letter of claim stage; defendant did not breach any duty; insurance policy would have responded only if notified immediately after accident, but aggregate excess clause prevented indemnity.

Parties
Claimant: Carol Miller; Defendant: Irwin Mitchell LLP
Jurisdiction
England and Wales
Judgment Date
27 July 2022
Procedural Posture
Civil / Judgment on Preliminary Issues
Outcome
Claim dismissed on preliminary issues; no breach of duty found.
Legal Topics
Solicitor's Duty of Care, Retainer Formation, Insurance Notification, Loss of Chance, Conditional Fee Agreements
Professional Negligence Contract Law Tort Law Solicitor's Duty of Care Retainer Formation Insurance Notification Loss of Chance Conditional Fee Agreements

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Parties

Carol Miller

Claimant

Irwin Mitchell LLP

Defendant

Procedural Posture

Civil / Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether and when a contract of retainer or like duty arose between claimant and defendant
  2. 2 Scope and terms of any retainer or duty
  3. 3 Whether defendant owed obligation to notify or advise notification to Lowcost

Ratio Decidendi

No contract of retainer or equivalent duty arose until 25 January 2016; defendant owed no duty to advise or notify Lowcost before that date; obligation to advise on insurance notification arose only at letter of claim stage; defendant did not breach any duty; insurance policy would have responded only if notified immediately after accident, but aggregate excess clause prevented indemnity.

Court Disposition

Claim dismissed on preliminary issues; no breach of duty found.

Orders

  • No contract of retainer or like duty before 25 January 2016
  • Defendant not obliged to advise or notify Lowcost before letter of claim