Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Claims of professional negligence against three law firms dismissed as without merit
|
or click here to request site subscription to search and view all judgments |
The High Court struck out the plaintiff’s professional negligence claims against three firms of solicitors, finding that the claims disclosed no reasonable cause of action, amounted to an abuse of process, were bound to fail, and had no reasonable prospect of succeeding. The plaintiff, dissatisfied with the legal advice and services received while pursuing an unresolved personal injuries claim, sued each solicitor she had instructed, but the court found her complaints misconceived, lacking evidential support, and unsupported by any independent expert report. The judge noted the plaintiff’s unfounded suspicions of conspiracy, her failure to demonstrate any loss or prejudice arising from the alleged acts or omissions, and her refusal to advance her underlying personal injuries claim. The court emphasised that striking out actions of this kind is an exceptional measure, but was fully justified on the facts.
professional negligence – personal injuries claim – abuse of process – application to dismiss – struck out proceedings – Rules of the Superior Courts (RSC) O.19 r.28 – legal services – plaintiff litigant in person – constitutional right of access to the courts – failure to obtain expert evidence – pleadings – assessment of damages – statutory limitation period – Civil Liability and Courts Act 2004 – Personal Injuries Assessment Board Acts
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
