The Claimant’s leg had been injured in a road traffic accident in 2002. His claim settled on a full and final basis in 2009 without consideration of provisional damages for risk of future amputation. His leg deteriorated after settlement until eventually in January 2017 he was advised he ought to have it amputated. He returned to his former solicitors to see if he could reopen the case. When told no, he approached new solicitors, and in the course of their investigating a professional negligence claim it was discovered he had not been advised of the possibility of claiming provisional damages for the risk of amputation. The original solicitors argued he was out of time because time ran from when he knew the settlement was full and final and the deterioration in his leg was or might be worse than expected.  Upholding the first instance judge, the Court of Appeal held he did not have the requisite knowledge until he first knew he had received advice which was flawed.

Jeremy Hyam KC was instructed by Dushal Mehta at Fieldfisher, leading John-Paul Swoboda of 12 KBW.

The judgment can be found here.