Professional Negligence Claim : Boyle v Thompsons Solicitors [2012]
Boyle v Thompsons Solicitors [2012] EWHC 36 (QB)
The Claimant had made a claim to the Criminal Injuries Compensation Authority. An award was made of £5,150.The Claimant instructed the Defendant firm to deal with an appeal. The issue in the appeal was whether her Post Traumatic Stress Disorder ( PTSD) was permanent.
Her appeal was rejected and then the Claimant brought a professional negligence claim against her former solicitor.
The Claimant claimed that when there was a conflict between the psychologist and the psychiatrist as to whether her PTSD was permanent the solicitors should have gone back again to the psychiatrist despite them having done so already.
Not surprisingly the claim failed.
It was too risky to go back again. In any event all reports had to be disclosed to the CICA.
The expert was an independent expert entitled to that opinion and there was only so many times the solicitor could try and alter the experts view.
It was not the solicitors fault that the expert was unfavourable.
Mr Justice Coulson said,
- “Accordingly, for these reasons, I am not persuaded that Ms Varty fell below the standard to be expected of the reasonably competent solicitor specialising in CICA claims. On the contrary, it seems to me that Ms Varty did all that she reasonably could. “