In a claim against solicitors for loss of litigation rights, the plaintiff must prove the identity of the putative defendants and that judgments against them had some prospect of being satisfied. Where the plaintiff has not even established the identity of the putative defendants, there is no evidentiary onus on the defendant solicitors to prove that judgments would not have been satisfied. Redman v Instant Nominees does not establish a general rule that solvency is presumed in the absence of evidence to the contrary.
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