Veitch & Anor v Avery

Veitch & Anor v Avery

The business was doomed to failure by 1994/5 regardless of the solicitor's negligence. There was no real or significant chance that the appellants could have traded out of their difficulties or retained the hotel as a going concern. The only recoverable loss was the nominal value of the hotel at the date of dispossession, which was less than the debt owed. Thus, only nominal damages were appropriate.

Parties
Appellant: Steuart Michael Veitch; Appellant: Susan Dawn Veitch; Respondent: Philip Avery
Jurisdiction
England and Wales
Judgment Date
12 July 2007
Procedural Posture
Civil Appeal / Appeal From County Court on Causation and Quantum
Outcome
appeal and cross-appeal dismissed
Legal Topics
Solicitor's Negligence, Causation, Quantum of Damages, Loss of Chance, Valuation of Loss
Professional Negligence Banking Law Solicitor's Negligence Causation Quantum of Damages Loss of Chance Valuation of Loss

Case Brief

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Parties

Steuart Michael Veitch

Appellant

Susan Dawn Veitch

Appellant

Philip Avery

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court on Causation and Quantum

Legal Issues

  1. 1 Whether the solicitor's negligent advice caused the loss of the hotel, business, and home
  2. 2 Whether the appellants suffered a loss of a viable business or a loss of chance to trade out of difficulty
  3. 3 Proper measure and quantum of damages in solicitor's negligence

Ratio Decidendi

The business was doomed to failure by 1994/5 regardless of the solicitor's negligence. There was no real or significant chance that the appellants could have traded out of their difficulties or retained the hotel as a going concern. The only recoverable loss was the nominal value of the hotel at the date of dispossession, which was less than the debt owed. Thus, only nominal damages were appropriate.

Court Disposition

appeal and cross-appeal dismissed

Orders

  • Appeal dismissed
  • Cross-appeal dismissed