Dunhill v W Brook & Co and Crossley: Professional Negligence Claim Against Counsel and Solicitors - David Green, Pupil, 12 King's Bench Walk
Ms Dunhill received a head injury in a road traffic accident in June 1999. She was represented by the First Defendant solicitors throughout: Mr Brooks was the file handler, and Mr Marsh was a trainee.
The original claim
The claim was valued at £40,000 but 67-75% contributory negligence was probable.
Before a split trial, new medical evidence suggested Ms Dunhill’s brain injuries were significantly worse than previously thought.
Ms Dunhill told her solicitors she would prefer a settlement to a trial. With a liability-only hearing was for January 2003 Mr Crossley was instructed as counsel. Although the new medical evidence was sent to W Brook and Co (and had been referred to by previous counsel), it never reached Mr Crossley.
Ms Dunhill’s son – the key witness – did not attend on the day of the trial. Mr Crossley thought this made their claim significantly weaker. He advised that they had two options: an adjournment, which the judge would be unlikely to give; or settlement.
£12,500 was offered and Ms Dunhill accepted...
Image cc flickr.com/photos/didbygraham/219375981/
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