Article: Friday Law Report: Counsel failed to advise claimant properly as to whether to accept settlement 28 June 2002 Moy v Pettman Smith (a firm) and another ([2002] EWCA Civ 875) Court of Appeal, Civil Division (Lord Justice Brooke, Lord Justice Latham and Mr Justice Hart) 19 June 2002

COUNSEL FOR the claimant in an action for clinical negligence failed to give him proper advice as to whether he should accept an offer from the health authority.

The Court of Appeal allowed the appeal of a firm of solicitors against a decision that they alone were liable in negligence to a client in the conduct of his action for clinical negligence.

The claimant commenced proceedings against a health authority, claiming damages for clinical negligence. The health authority admitted liability. The medical reports upon which the claimant was entitled to rely did not support his claim for continuing disability or financial loss, and it was necessary to obtain the leave of the court for such ...

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