The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
ARCHIVED: This Practice Note has been archived and is not maintained. The Court of Appeal has allowed an appeal in a solicitors' negligence case on the ground that the loss of chance element of the damages claim was too remote.
The trial judge found that Lewis Silkin LLP had breached their duty in failing to advise their client about the inclusion of a jurisdiction clause in his contract of employment with a franchisee of the Indian Premier League's Twenty20 series. The absence of a jurisdiction clause meant that in his subsequent litigation with the franchisee as to a severance payment, the client was subjected to (albeit ultimately unsuccessful) jurisdiction challenges by the franchisee, which delayed his ultimately obtaining judgment for the severance pay of £10 million.
The client pleaded that had Lewis Silkin advised on jurisdiction then an exclusive jurisdiction clause would have been included in the employment contract. Had that been so, then the client would have obtained judgment for the severance payment earlier than he did (because there would not have been the delays caused by the jurisdiction challenges) and at a time when the franchisee was voluntarily willing to satisfy the judgment debt. However, during that period of delay the franchisee's financial circumstances changed and that willingness disappeared, leaving the client having to
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.