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Walker v Chruszcz [2006] EWHC 64 (QB) (30 January 2006)

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Advice on Settlement. On the morning of the first day of a personal injury trial, having assessed the Claimant's likely performance in the witness box, Leading Counsel advised the Claimant to accept the monies that had already been offered. A moderately higher offer was obtained from the Defendant. Although the offer did not reflect a percentage analysis by Leading Counsel of the risks and the overall likely recovery of quantum, given the risks of the Claimant recovering "not a penny" such advice was within the range to be expected of reasonably competent Leading Counsel specialising in personal injury. The certainty of settlement had much to offer.

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