Consequences
5. Lost opportunities and financial consequences
The underlying legal matter involved potentially substantial financial and non-financial losses.
The client maintains that Kesar's handling of the matter impaired opportunities to pursue those losses through legal proceedings.
In Perry v Raleys Solicitors [2019] UKSC 5, the Supreme Court addressed causation and the valuation of lost legal opportunities.
A genuine and substantial lost opportunity can have recoverable value where the requirements of professional negligence are met.
This does not mean every underlying loss is automatically recoverable from the solicitor.
Read Perry v Raleys — Supreme Court
Perry v Raleys Solicitors [2019] UKSC 5
The Supreme Court considered the requirements for proving what the claimant would have done if properly advised and how a lost opportunity involving the actions of third parties should be valued. Establishing a lost claim against a solicitor requires proof of duty, breach, causation and recoverable loss, not merely the total value of the underlying dispute.