Dispute Resolution analysis: The claimant had instructed specialist solicitors in a PI claim arising out of the Vibration White Finger compensation scheme. The claimant did not pursue a ‘services claim’ under the scheme and the claim was compromised for general damages only. The claimant later sued his solicitor for negligent advice as to his entitlement to additional damages. The claim failed at first instance (although liability had been conceded very shortly beforehand). The Court of Appeal overturned the judge’s findings on the basis his approach to causation was fundamentally flawed. The judge should not have conducted a ‘trial within a trial’ but asked himself if the claimant would have acted differently if advised correctly.
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