Cases

Luke & Another v Wansbroughs (a firm) & Another

Held

(1) The advice given by A was not negligent. Her view, shared by W, that the prospects of the Claimant's claim being struck out were 90-95% or "almost inevitable" were within the range of advice that, in the circumstances as they presented themselves at the time, could reasonably and properly have been given by specialist Counsel. (2) The advice to settle for £5,000 plus costs was also not negligent. There were many reasons justifying the advice to settle at £5,000 plus costs: (i) there was a substantial period of inexcusable delay. Over 5 years had elapsed since the action had been commenced and it had not even been set down and was nowhere near ready for trial; (ii) most of the delay was attributable to the negligence of KS or the dilatoriness of the Claimant or both; (iii) the limitation period had expired; (iv) both prejudice (under Birkett v Janes) and abuse of process (under Grovit v Doctor (CA)) were capable of being inferred.

Also