A - Actual and contingent loss
5/6/13
BERNEY v SAUL [2013] EWCA Civ 640
A claim that solicitors had conducted a personal injury claim negligently was not time-barred. The claimant only suffered actual financial loss when she settled the personal injury claim for less than she could have obtained had the claim been properly conducted. That was less than 6 years before the negligence claim was started. Although actual damage can include liabilities which arise on a contingency, the solicitors’ failure to serve proper particulars of claim did not cause loss because it was unlikely to have prevented the court from giving permission to serve out of time.