Where a solicitor gives correct advice but belatedly, the client's actual response to the belated advice is relevant and significant evidence of what the client would have done if advised earlier, though appropriate allowance must be made for the difficulties created by the solicitor's negligence. A client's commercial motivations and contemporaneous conduct may defeat a causation claim even where breach of duty is established. The subjective test under s 5D(3)(a) requires assessment of all relevant circumstances including the client's known attitudes, commercial objectives, and pattern of decision-making.
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