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Professional Negligence Update – Investigate, Investigate, Investigate!

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By Sam Knight, Underwriter

(Estimated reading time: 1 minute 19 seconds)

Evans v Betesh Partnership [2021] EWCA Civ 1194 is a case concerning the professional liability of a solicitors’ firm and counsel in advising the claimant to settle a personal injury matter in 2011.

Ms Evans suffered a traumatic brain injury in a road traffic accident in 2009 and the neuropsychologist found that she ‘probably lacked capacity’ when she was advised to settle in 2011.

Mr Justice Smith in the High Court found that Ms Evans had not been deprived of the opportunity to claim damages against the original defendant as her lack of capacity meant any claim would still be in time. Criticising this approach as ‘too binary’, Sir Geoffrey Vos MR in the Court of Appeal overturned the decision, recognising that ‘as a direct result of the breaches of duty alleged… [Ms Evans] has been party to a settlement that may be difficult and costly to reopen.’

Ms Evans had not pleaded incapacity in 2011, relying on the argument that her lawyers should have spotted the issue and investigated before advising her to settle. It seems more critical than ever for lawyers to take a step back and look at the entirety of their client’s circumstances when giving advice; this judgment shows that there are more than just legal considerations which underpin the handling of a case.

Our team of expert underwriters are on-hand to provide a fresh pair of eyes for your client’s case with the highest level of knowledge and experience. A second opinion never goes amiss and can make all the difference in complex commercial matters, so please email matthew.pascall@temple-legal.co.uk or call him on 01483 514428.

Sam Knight

Underwriter
Read articles by Sam Knight

Sam Knight

Sam is an Underwriter within the commercial underwriting team.

After achieving an Outstanding on the Bar Training Course and being called to the Bar of England and Wales, Sam joined Temple in July 2021 to capitalise on his love for complex commercial cases and to put his legal knowledge into action.

Sam achieved a First Class LLB Law (Hons) degree in 2020 and went on to become a Sir Thomas More scholar with the Honourable Society of Lincoln’s Inn. He is currently pursuing an LLM by studying Commercial Law and writing a specialist dissertation on jurisdiction and enforcement of judgments in international commercial litigation post-Brexit.

Sam’s technical understanding of the law and the realities of litigation means he understands the value of getting things done quickly and correctly the first time around. He is always willing to go the extra mile and aims to provide the highest quality service at every stage of the case.

 

Read articles by Sam Knight