Do Financial Constraints Justify Limitations on the Scope of a Solicitors' Duty? - Sushma MacGeoch & Lucy Murphy, Bond Dickinson LLP
17/06/15. In the arena of personal injury litigation costs constraints have led a number of firms to seek to streamline the case management and handling of the file, particularly in circumstances where a firm acts for a number of claimants who have suffered the same injury. This article considers a recent Court of Appeal judgment of Procter v Raleys in which solicitors were held to be negligent in failing to ensure that their "commoditised" advice was understood by the client and also considers steps solicitors can take to avoid falling into the same trap.
The Claim
Andrew Procter, who suffered from Vibration White Finger (VWF) caused during his employment with the National Coal Board, instructed solicitors to advance a personal injury claim under the Department of Trade and Industry’s Scheme for VWF claims.
The solicitors' standard questionnaire and a medical report were completed. During the latter process Mr Procter was asked the question “Does the white finger affect your job, hobbies or sports?” He confirmed that he found gardening a problem. Accordingly the solicitors noted internally that there was a potential claim for...
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