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03 September 2009 / Louis Flannery KC
Issue: 7383 / Categories: Features , Profession , Professional negligence
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Hope springs eternal?

Louis Flannery examines cases of alleged solicitor negligence

Hope springs eternal: man is ever-optimistic, or so thought Pope in 1733 in his Essay on Man. As solicitors, we all try to be as optimistic in our advice to clients as we can. Nevertheless, be careful: the dangers of being over-optimistic in the context of legal advice were spelled out earlier this year in a case involving a magic circle firm advising clients in relation to a substantial and complex dispute.
 

No solicitor goes out of their way to be negligent: being sued by a client can never be a pleasant experience. Although solicitors’ negligence cases usually arise from transactional work, in the litigation field the most common cause for complaint is a failure to issue or serve proceedings before the expiry of the relevant limitation period. In 2004, the Court of Appeal delivered its judgment in the case of Dixon v Clement Jones, a case of solicitor negligence involving a failure to issue proceedings in time, in a “loss of chance” case: see [2004] NLJ 1532. The following year, the same court

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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