Di Matteo v Marcus Lee & Co

Di Matteo v Marcus Lee & Co

The defendant's admitted breach caused the claimant to lose a valuable chance to settle his ancillary relief proceedings for £40,000 instead of £100,000; the chance of success was assessed at 25 percent and damages awarded accordingly; no deduction for costs of claims against Fort & Co or for appeal costs as those were not caused by the defendant's breach.

Parties
Claimant: Di Matteo; Defendant: Marcus Lee & Co
Jurisdiction
England and Wales
Judgment Date
21 January 2010
Procedural Posture
Civil / Judgment
Outcome
judgment for claimant
Legal Topics
Solicitor Negligence, Loss of Chance, Breach of Contract, Quantum of Damages, Causation
Professional Negligence Contract Law Solicitor Negligence Loss of Chance Breach of Contract Quantum of Damages Causation

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Parties

Di Matteo

Claimant

Marcus Lee & Co

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Did the defendant's admitted breach cause the claimant's loss?
  2. 2 What is the value of the lost chance to pursue a claim against Charsley Harrison and/or Fort & Co?
  3. 3 Should damages be reduced for contingencies or likelihood of failure against Fort & Co?

Ratio Decidendi

The defendant's admitted breach caused the claimant to lose a valuable chance to settle his ancillary relief proceedings for £40,000 instead of £100,000; the chance of success was assessed at 25 percent and damages awarded accordingly; no deduction for costs of claims against Fort & Co or for appeal costs as those were not caused by the defendant's breach.

Court Disposition

judgment for claimant

Orders

  • Claimant awarded £15,500 plus interest
  • No recovery for appeal costs or difference between £150,000 and £40,000