Smith & Anor v Messrs Lindsay & Kirk & Ors [2001] ScotCS 51 (7 March 2001)

Smith & Anor v Messrs Lindsay & Kirk & Ors [2001] ScotCS 51 (7 March 2001)

On balance, the pursuers did instruct Mr Anderson to advise on and raise an action against Craig Cameron. Failure to do so within the contractual time limit constituted breach of contract/negligence. The lost claim had measurable value, but not one bound to succeed; its reasonable settlement value was £5,000.

Citation
[2001] ScotCS 51
Parties
Pursuer: James Smith; Pursuer: Mrs Patricia Smith; Defender: Messrs Lindsay and Kirk; Defender: Robert Anderson
Jurisdiction
Scotland
Judgment Date
07 March 2001
Procedural Posture
Civil / Judgment After Proof
Outcome
judgment for pursuers
Legal Topics
Solicitor Negligence, Loss of Chance, Breach of Contract, Damages Assessment
Professional Negligence Contract Law Solicitor Negligence Loss of Chance Breach of Contract Damages Assessment

Case Brief

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Parties

James Smith

Pursuer

Mrs Patricia Smith

Pursuer

Messrs Lindsay and Kirk

Defender

Robert Anderson

Defender

Procedural Posture

Civil / Judgment After Proof

Legal Issues

  1. 1 Whether Mr Anderson was instructed to raise an action against Mr Craig Cameron within the contractual time limit
  2. 2 Whether failure to raise such action constituted breach of contract/negligence
  3. 3 Assessment of the value of the lost claim

Ratio Decidendi

On balance, the pursuers did instruct Mr Anderson to advise on and raise an action against Craig Cameron. Failure to do so within the contractual time limit constituted breach of contract/negligence. The lost claim had measurable value, but not one bound to succeed; its reasonable settlement value was £5,000.

Court Disposition

judgment for pursuers

Orders

  • Repel first, third and fourth pleas-in-law for defenders
  • Sustain first plea-in-law for pursuers