Dispute Resolution: key appeal cases—2016 [Archived]
Dispute Resolution: key appeal cases—2016 [Archived]

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Dispute Resolution: key appeal cases—2016 [Archived]
  • Court of Appeal—professional negligence
  • Court of Appeal—court jurisdiction
  • Court of Appeal—bank loan
  • Court of Appeal—failure to consider implications of CMC decision
  • Court of Appeal—proprietary freezing orders
  • Court of Appeal—patent cases—permission to appeal
  • Court of Appeal—LP(MP)A, s 2
  • Court of Appeal—expert evidence
  • Court of Appeal—applicable law
  • more

Court of Appeal—professional negligence

ARCHIVED: This Practice Note has been archived and is not maintained.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