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Brinn & Jarvis v Russell Jones & Walker (a firm)
Comment
Hindsight, as the Court held, is not the test of negligence. The Court took account of the realities of the litigation the Claimants would have had to face given that The Oldie did not have much money. The unusual facts of a second publication (almost identical to the first) upon which a successful claim was brought, significantly reduced the loss that would otherwise have been caused by the Defendants' mistake.