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Talisman Property Co (UK) Ltd v Norton Rose (A Firm) [2005] EWHC 2793 (Ch) (18 November 2005)


Solicitors: Although the Defendant firm had admittedly served the incorrect notice in respect of the renewal of a tenancy under the Landlord and Tenant Act 1954, as no compensation had been payable to the actual tenant under the mistakenly served notice, no recovery could be made on that basis. The key concern was whether the negligent service of the notice had been a material cause of the failure of the negotiations for a new tenancy. As the sum ultimately agreed in respect of dilapidations was very close to that which it had been advised was appropriate and no loss could be shown. As regards the claim for compensation although the argument would probably have failed, it had a respectable chance of success which taken with the other factors meant that the Claimant would have had a 30 per cent chance of success.