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Clare v Buckle Mellows (a firm) [2005] EWCA Civ 1611 (21 December 2005)

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The firm of solicitors had advised the claimant in connection with the dissolution of a partnership with her former husband in a road haulage business. It was alleged that the firm had failed to advise her to effect the immediate dissolution of the partnership and to avoid or limit her future liability for the debts of the business. By a majority the Court of Appeal found that although there had been a breach of duty that as the alleged loss was not put to the court at first instance, was not supported by the the joint expert or by the additional expert called by the claimant it could not be recovered. Damages for distress, inconvenience and such like were not recoverable.

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