How helpful is witness evidence anyway? The impact (or not) of evidence from a third party in loss of chance cases
Jack Dillon provides an insight regarding Moda International Brands Ltd v Gateley LLP (1) & Gateley Plc (2).
A solicitor makes a negligent error in a negotiation between a client and third party. The error leads the client to agree something different to the agreement the client had envisaged. What difference does the error make to the outcome and how should this translate into damages? Does the analysis change where the third party gives evidence and is adamant that the error made no difference to the outcome? These questions arose in Moda International Brands Ltd v Gateley LLP (1) & Gateley Plc (2). Against the background of the Commercial Court’s consultation on witness statements, this case offers an illustration of witnesses’ diminished role.
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