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Cohen v Kingsley Napley & Anor [2006] EWCA Civ 66 (10 February 2006)


Causation. The defendant solicitors were blamed for an alleged failure to take steps in an action against architects arising out of flood damage. On an appplication to strike out the claim, the court at first instance held that with the exception of one claim there was no value to the claimant's underlying action as it would have been struck out by an application made by the architects. The Court of Appeal held that the underlying claim would still have some value if on a consideration of the facts there was a substantial chance that the application to strike out might not have been made. The legal burden of proving that something of value had been lost was on the Claimant. However the evidential burden of showing that the litigation was of no value waas on the defendant solicitor. The investigation of the facts was a matter for trial.