​Claimant's appeal dismissed in Dunhill-v-(1) W Brook and Co and (2) Justin Crossley

Claimant's appeal dismissed in Dunhill-v-(1) W Brook and Co and (2) Justin Crossley

The Court of Appeal has dismissed an appeal by the claimant, Joanne Dunhill, who was challenging the failure of her claim for damages for alleged professional negligence against the barrister and solicitors who had acted for her when her personal injury case was settled at court 2002.  The claim was related to the decision of the Supreme Court in Dunhill-v-Burgin [2014] UKSC 18 when the question of Ms Dunhill’s capacity to enter into a compromise of the personal injury case, was analysed.  The Court of Appeal considered the duties owed by legal representatives on settlement, the interplay between solicitors and counsel on such issues, the propriety of sending a trainee to attend court for a trial with counsel, and the approach on appeals seeking to challenge conclusions on breach of duty by a trial judge who had heard the parties give evidence.  Glenn Campbell appeared for W Brook and Co, led by Jamie Smith QC of 4 New Square, at trial and on appeal on instructions from Mills and Reeve.

The judgment can be seen at:-

http://www.bailii.org/ew/cases/EWCA/Civ/2018/505.html

For further information, please contact Matt Gibbons on 0161 214 6009 or Peter Conwell on 0161 214 6008