Where a solicitor's negligence causes a client to enter into a loan transaction that discharges a pre-existing contingent liability (such as a guarantee), the measure of damages is the client's entire liability under the new loan if, on the counterfactual, the contingent liability would never have crystallised. An order 'no order as to costs' in settled proceedings does not preclude a mortgagee from debiting its enforcement costs to the loan account under the contractual terms of the mortgage; the order addresses only curial entitlement to costs, not contractual entitlements.
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