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08/04/2019
Represented, with John Greenbourne, the claimant. The Supreme Court reversed the Court of Appeal’s decision upholding the claim for professional negligence, and identified a clear line between what a claimant must prove before the assessment of the lost chance takes place. Where the solicitor has failed to advise a claimant on a potential claim, the claimant must prove on the balance of probabilities that s/he would have brought a claim if proper advice had been given. The Supreme Court reaffirmed the limited basis on which appellate courts may reverse a trial judge’s findings of fact.