Date for Quantifying Loss of Opportunity

Charles v Hugh James Jones & Jenkins (A Firm) (CA TLR 22 December)

Where an action for personal injuries has been struck out as a result of the negligence of the claimant’s solicitors the date for the assessment of damages is the date of the notional trial of the personal injury action. However, in appropriate circumstances a judge would be assisted by knowledge of what had occurred after the notional date of trial. The court did not express an opinion as to whether a new head of damage attributable to the accident manifesting itself after the notional trial date might have to be ignored or as to whether all events subsequent to that date should be taken into account in assessing damages for negligence.