‘The (Rebuttable) Presumption of Honesty’

“On 7 October 2021, Mrs Justice Falk’s decision in Brearley and Others v Higgs and Co (a firm) [2021] EWHC 2635 (Ch) was handed down. This was a solicitor’s negligence claim in which the defendant firm of solicitors was represented by Michael Pooles QC of Hailsham Chambers. The claim related to an opportunity to develop a Jaguar Land Rover (JLR) dealership in Wolverhampton (the Wolverhampton Opportunity), which the claimants alleged was lost due to the negligence of the defendant solicitors. Of particular interest in this case was the Judge’s consideration of the presumption of honesty in relation to a claimant’s actions when applying the first stage of the causation test in Perry v Raleys Solicitors [2020] AC 352 …” (more)

[Nicola Campbell-Clause, Hailsham Chambers, 8 October]

First posted 2021-11-03 13:00:14

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