Hayley Darknell-King against Slater and Gordon UK LTD and Others (Court of Session) [2024] CSOH 100 (08 November 2024)

Hayley Darknell-King against Slater and Gordon UK LTD and Others (Court of Session) [2024] CSOH 100 (08 November 2024)

The pursuer's pleadings are relevant against the third and fifth defenders as the contract, construed objectively, was tripartite; the case against the fourth defender is irrelevant as there is no basis for assumption of liability; the expert evidence is sufficient to allow proof; the pleadings on causation and loss of a chance are adequate for proof.

Citation
[2024] CSOH 100
Parties
Pursuer: Hayley Darknell-King; First Defender: Slater and Gordon UK Limited; Second Defender: Graeme Middleton; Third Defender: Slater & Gordon (UK) 2 LLP; Fourth Defender: Slater and Gordon Scotland Limited; Fifth Defender: Alasdair Stuart Cochran
Jurisdiction
Scotland
Judgment Date
08 November 2024
Procedural Posture
Professional Negligence Action / Procedure Roll Discussion on Relevancy and Specification; Interlocutory Judgment
Outcome
Case against fourth defender dismissed; proof before answer allowed against third and fifth defenders.
Legal Topics
Solicitor Client Contract Construction, Assumption of Liability on Business Transfer, Loss of Chance in Settlement Negotiations, Professional Duty of Care, Specification of Pleadings in Negligence
Professional Negligence Contract Law Employment Law Solicitor Client Contract Construction Assumption of Liability on Business Transfer Loss of Chance in Settlement Negotiations Professional Duty of Care Specification of Pleadings in Negligence

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Parties

Hayley Darknell-King

Pursuer

Slater and Gordon UK Limited

First Defender

Graeme Middleton

Second Defender

Slater & Gordon (UK) 2 LLP

Third Defender

Slater and Gordon Scotland Limited

Fourth Defender

Alasdair Stuart Cochran

Fifth Defender

Procedural Posture

Professional Negligence Action / Procedure Roll Discussion on Relevancy and Specification; Interlocutory Judgment

Legal Issues

  1. 1 Whether the third and/or fifth defenders contracted with the pursuer for legal services
  2. 2 Whether the fourth defender assumed liability for the acts/omissions of the fifth defender
  3. 3 Whether the pursuer's pleadings and expert evidence are sufficient to support a claim of professional negligence

Ratio Decidendi

The pursuer's pleadings are relevant against the third and fifth defenders as the contract, construed objectively, was tripartite; the case against the fourth defender is irrelevant as there is no basis for assumption of liability; the expert evidence is sufficient to allow proof; the pleadings on causation and loss of a chance are adequate for proof.

Court Disposition

Case against fourth defender dismissed; proof before answer allowed against third and fifth defenders.

Orders

  • Sustain first plea-in-law for solicitor defenders to extent of refusing probation to averments against fourth defender and dismissing case against it.
  • Allow proof before answer against third and fifth defenders; reserve remaining pleas.