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Professional negligence—advising on the risks of litigation (Thomas v Albutt)

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Published on: 29 July 2015

Published by a LexisNexis Dispute Resolution expert

Table of contents

Practical implications
Facts
Advising on the risks of litigation
Causation and loss
Court details

Article summary

Dispute Resolution analysis: the High Court has held that a barrister was not negligent in failing to advise that there were risks in litigation generally or in the particular litigation since he was instructed by solicitors at all times (who would have been aware of the risks) and was not asked to advise on the merits. The barrister was found to be negligent in relation to his advice on preparing and serving the necessary evidence for a hearing, but the loss suffered was negligible and so there would be no award of damages.

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