The Court of Appeal dismissed the appeal in a solicitor's negligence claim where the plaintiffs alleged their solicitor failed to advise them of the opportunity to sue the first plaintiff's employer for psychiatric injury caused by workplace harassment. The key issues were whether a competent solicitor would have advised the plaintiffs to commence proceedings before the limitation period expired, whether the plaintiffs would have acted on that advice, and whether the underlying action against the employer would have succeeded. On the facts, the Court found the plaintiffs failed to establish that the lost cause of action would have had reasonable prospects of success, applying the 'loss of a chance' framework from Kitchen v Royal Air Force Association.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
1 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.