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Batty v Danaher (Practising As Jack Danaher & Co) [2005] EWHC 2763 (QB) (20 December 2005)


Correspondence was overlooked by the solicitor retained to advised the Claimant in respect of his rights and obligations under a consultant service agreement. The defence allegations that the consultant's employment would have been terminated in any event failed. The actions of the consultant had to be considered in the context of the solicitor's failure to advise. Had such advice been provided then the counsultant would on the balance of probabilities have returned to work and his employers would have accepted him back. There was a 70% chance of him remaining for the full length of the five year contract. In addition the consultant was entitled to recover the costs of employment tribunal proceedings brought together with contemporaneous court proceedings.However the costs of his failed appeal would not be recoverable in the light of strong advice to the contrary.Negligence was not in issue.