Supreme Court Judgment: Edwards v Hugh James Ford Simey Solicitors [2019] UKSC 54

The Supreme Court recently considered the admissibility of evidence that would not have been available at the original trial, when determining the value of a lost claim in professional negligence proceedings. The Supreme Court unanimously ruled that a claimant had suffered a loss as a result of his solicitors' negligence, despite after-the-fact evidence suggesting that his underlying claim should not have succeeded. However, on examination of the specific facts of this case, the outcome is less surprising than it first appears.

Background

The claim was brought on behalf of a former miner, Thomas Watkins, who had developed Vibration White Finger ("VWF") as a result of his employment. A government scheme was set up to provide tariff-based compensation to miners suffering from VWF (the "Scheme"). Mr Watkins instructed Hugh James Ford Simey Solicitors ("the Solicitors") to act for him in relation to a claim under the Scheme. Under the Scheme, compensation for general and special damages was available, depending on the outcome of a defined medical assessment process, designed to enable very large numbers of similar claims to be resolved expeditiously.

Mr Watkins underwent a medical examination in accordance with the Scheme, which established that he was entitled to general damages and also satisfied the requirements for a special damages award. Mr Watkins therefore sought a special damages award, but was only offered a settlement for general damages of £9,478. The Solicitors reported this offer to him and explained the additional steps required to obtain special damages in the form of a standardised client letter that did not address the details of Mr Watkin's claim. Mr Watkins decided not to take the further steps required, and accepted the offer in full and final settlement in February 2003.

Mr Watkins subsequently brought proceedings against the Solicitors, alleging that he had lost the opportunity to pursue the special damages award as a result of the Solicitors' negligence. The judge ruled that the Solicitors' advice had been negligent on the basis that it was misleading and deficient, and that if Mr Watkins had received appropriate advice, he would have pursued the special damages claim. However, he also held that Mr Watkins had suffered no loss on the basis of a second medical report, dated 17 May 2013. This report, which was not carried out in accordance with the Scheme requirements, stated that Mr Watkins suffered from a low stage of...