Compensation when negligent solicitor ruins your claim's chances

In a case decided in 2018, a solicitor had to pay compensation to a client, where the solicitor's negligence led to the abandonment of a claim by their client. The judge had to decide whether and what compensation should be paid, even though the claim had never got off the ground.

What is a loss of chance claim?

A loss of chance claim is a type of professional negligence claim, usually brought against a solicitor, in circumstances where the solicitor's mistakes means that the client's chances of bringing a claim have been significantly reduced, or extinguished entirely. 

The general principle is that where a solicitor has been negligent, their client should be entitled to claim compensation to put them in the position they would have been in, had the negligence not occurred. The 2018 case makes it clear that this also covers a situation where the claim could not be brought at all, due to the negligence of the solicitor.  

This type of case is also referred to as a "loss of chance" claim. Where a client has lost the chance to bring a claim, or properly defend a claim, the compensation is measured in relation to the chance they have lost.

How are loss of chance claims calculated?

The value of loss of chance claims are calculated in a different way to claims for breach of contract for example, where both parties might know the value of the goods that have not been delivered. In a loss of chance claim, the court will look at the possible damages a claimant could have recovered, and apply a formula to take into account the risk that the claim would not have been successful. 

For example, if a claim worth £100,000 was abandoned due to the negligence of a solicitor, and that claim would have had a 70% chance of success, the value of the professional negligence claim against the solicitor would be £70,000.

Do you have a loss of chance claim?

Professional negligence claims, particularly loss of chance claims, can be complex and so it is important to seek legal advice at an early stage, if you think you are entitled to compensation as a result of your solicitor's mistakes. 

Samuels Solicitors LLP is a niche professional negligence firm, with decades of experience helping clients claim compensation from negligent solicitors, barristers and other professionals.

Any professional who provides you with advice is capable of getting that advice wrong, and therefore could be sued if they cause you loss. The professional should have insurance against which you can claim, so even if they have gone out of business, your claim can often still proceed.

If you have been let down by a professional, contact us today for a no obligation discussion about how we can help.