Deborah Anne Forster v Reynolds Porter Chamberlain LLP

Deborah Anne Forster v Reynolds Porter Chamberlain LLP

RPC was in breach of duty by failing to advise Ms Forster on costs, expert selection, and the Deacon Funding Agreement, and by refusing to enforce the First Tomlin Order as instructed. RPC gave a clear assurance that Ms Forster would receive £350,000 compensation (less interest) in priority, and is estopped from denying this. These breaches caused Ms Forster to lose a real chance to recover her compensation, valued at 55% of £350,000.

Parties
Claimant: Deborah Anne Forster; Defendant: Reynolds Porter Chamberlain LLP
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil Professional Negligence / Judgment After Trial
Outcome
Judgment for the Claimant
Legal Topics
Conditional Fee Agreements, Conflict of Interest, Breach of Duty, Litigation Funding, Estoppel, Causation and Loss
Professional Negligence Contract Law Legal Ethics Conditional Fee Agreements Conflict of Interest Breach of Duty Litigation Funding Estoppel +1 more

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Parties

Deborah Anne Forster

Claimant

Reynolds Porter Chamberlain LLP

Defendant

Procedural Posture

Civil Professional Negligence / Judgment After Trial

Legal Issues

  1. 1 Whether RPC breached its duties to Ms Forster in the conduct of litigation and enforcement of settlement.
  2. 2 Whether RPC failed to properly advise Ms Forster on costs, expert selection, and funding arrangements.
  3. 3 Whether RPC acted under a conflict of interest in relation to the Deacon Funding Agreement.

Ratio Decidendi

RPC was in breach of duty by failing to advise Ms Forster on costs, expert selection, and the Deacon Funding Agreement, and by refusing to enforce the First Tomlin Order as instructed. RPC gave a clear assurance that Ms Forster would receive £350,000 compensation (less interest) in priority, and is estopped from denying this. These breaches caused Ms Forster to lose a real chance to recover her compensation, valued at 55% of £350,000.

Court Disposition

Judgment for the Claimant

Orders

  • RPC to pay Ms Forster damages of £192,500 for loss of chance to recover compensation.
  • Interest and costs to be determined.