Perry v Raleys Solicitors: the Supreme Court reviews Allied Maples
The Supreme Court has handed down its judgment in Perry v Raleys Solicitors  UKSC 5. The Supreme Court allowed Raleys Solictors’ appeal. In doing so the Supreme Court provided important guidance on how “loss of a chance” cases should be approached. In particular it identified the clear line between what a Claimant in a loss of a chance type case must prove before the assessment of the lost chance takes place. In a case of a failure to advise a Claimant must prove that he or she would have acted in a specific way. In the case of a failure of a solicitor to advise the Claimant he had a good claim the Claimant must prove on the balance of probabilities that he would have pursed the claim if advised properly and that he could have done so honestly. This judgment represents an important clarification of the burden of proof in such claims. Further, the Supreme Court reaffirmed the limits of appellate courts when considering findings of fact, including those that rely upon credibility.
The Judgment can be found here: https://www.supremecourt.uk/cases/docs/uksc-2017-0092-judgment.pdf