Browning v Messrs Brachers

Browning v Messrs Brachers

The trial judge erred in his approach to the assessment of damages for loss of a chance by not giving sufficient weight to the Armory v. Delamirie principle, undervaluing the claimants’ lost opportunity, and making overly firm findings on mitigation and the period for loss of profits. The correct approach required a more generous assessment, a longer period for loss of profits, and a higher award for capital loss, with appropriate discounts for uncertainties. The value of the original claimant’s claims should be limited to the compromise sum.

Parties
Appellants: Mr and Mrs Browning; Respondent: Messrs Brachers
Jurisdiction
England and Wales
Judgment Date
20 June 2005
Procedural Posture
Civil Appeal / Appeal From Queen’s Bench Division to Court of Appeal
Outcome
Appeal allowed in part; damages increased
Legal Topics
Solicitor Negligence, Loss of Chance, Damages Assessment, Mitigation of Loss, Valuation of Capital Loss, Interest on Damages
Professional Negligence Civil Procedure Solicitor Negligence Loss of Chance Damages Assessment Mitigation of Loss Valuation of Capital Loss Interest on Damages

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Parties

Mr and Mrs Browning

Appellants

Messrs Brachers

Respondent

Procedural Posture

Civil Appeal / Appeal From Queen’s Bench Division to Court of Appeal

Legal Issues

  1. 1 What is the correct approach to assessing damages for loss of a chance in solicitor negligence?
  2. 2 Did the trial judge err in limiting damages for loss of profits to a six-year period?
  3. 3 Was the award for capital loss (diminution in value) appropriate?

Ratio Decidendi

The trial judge erred in his approach to the assessment of damages for loss of a chance by not giving sufficient weight to the Armory v. Delamirie principle, undervaluing the claimants’ lost opportunity, and making overly firm findings on mitigation and the period for loss of profits. The correct approach required a more generous assessment, a longer period for loss of profits, and a higher award for capital loss, with appropriate discounts for uncertainties. The value of the original claimant’s claims should be limited to the compromise sum.

Court Disposition

Appeal allowed in part; damages increased

Orders

  • Damages for loss of profits to be assessed over a longer period with a 30% discount for uncertainties.
  • Capital loss (diminution in value of farm) to be assessed at £107,100 less a 40% discount.