Whitehead and another v Hibbert Pownall & Newton ( a firm); [2008] WLR (D) 96
“Solicitors who had negligently failed to prosecute a claim for damages for clinical negligence, including a claim for future loss, with the result that the claim had been set down at the date of the original claimant’s death were not liable for failing to secure for the deceased’s estate what, on the full facts, would have amounted a an uncovenanted windfall. The estate, standing in the deceased’s shoes, could not recover sums referable to a period after her death since she would only have been entitled to recover losses incurred or to be incurred in her lifetime.”
WLR Daily, 7th April 2008
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
