Where a solicitor's negligence delays but does not extinguish a client's cause of action against a tortfeasor, the client suffers no actionable loss during the period of delay because the right to damages with interest remains unimpaired. The 'loss of opportunity' characterisation does not assist where the opportunity was never lost. A claim by the client's estate for the solicitor's negligence will fail unless the client suffered damage during his or her lifetime, and the mere fact that the client died before recovering damages does not retrospectively create such damage. The only arguable basis for loss in such circumstances is the narrow one identified by the Court of Appeal: loss of heads of damage that are extinguished on death under s 4(2)(d) and (e) of the Law Reform (Miscellaneous Provisions) Act 1941 (WA).
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