Cases

Luke & Another v Wansbroughs (a firm) & Another

Facts

The claimants alleged professional negligence against former solicitors (W) and barrister (A). In the original action, the Claimant had sued the Ministry of Defence for malicious falsehood. His claim was a classic defamation claim brought in malicious falsehood in order to qualify for legal aid. After substantial delay by the first Claimant's original solicitors (KS), A was instructed. A advised that a threatened application by the MOD to strike out the claim would have an 90-95 per cent prospect of success. One year later, the Claimant instructed new solicitors, W in place of KS. C again advised that the Claimant's claim was very vulnerable to being struck out by reason of delay. After settlement negotiations, the Claimant settled for £5,000 plus costs. He alleged that the advice to settle for this sum was negligent and that he had lost a valuable claim for malicious falsehood.

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