Solicitor failing to attend to matters of title – Failure and other factors disabling claimant from selling – Value of property rising in meantime – Causation
While it is trite law that a damages award for most civil wrongs must reflect any benefits “flowing from” the breach, the problem of identifying the legally relevant cause or causes can be acute.
A useful exercise in the context of professional negligence will be found in Hinc v Warren Rees & Co (a firm) [2002] 17 EG 157 (CS).
Solicitor failing to attend to matters of title – Failure and other factors disabling claimant from selling – Value of property rising in meantime – Causation
While it is trite law that a damages award for most civil wrongs must reflect any benefits “flowing from” the breach, the problem of identifying the legally relevant cause or causes can be acute.
A useful exercise in the context of professional negligence will be found in Hinc v Warren Rees & Co (a firm) [2002] 17 EG 157 (CS).
