In assessing damages for a solicitor's negligence in losing a client's cause of action, evidence of the plaintiff's condition that manifested after the notional trial date and was not foreseeable at that date is inadmissible. The assessment of each head of damage — non-economic loss, past economic loss, and future loss of earning capacity — must be based strictly on the evidence that would have been available at the agreed notional trial date. A trial judge may not depart from notional trial and judgment dates agreed by the parties without notice.
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