Supreme Court judgment on claims for lost opportunity – subsequently acquired evidence is not a “knock-out blow”

Edwards on behalf of the estate of the late Thomas Arthur Watkins (Respondent) v Hugh James Ford Simey Solicitors (Appellant)

In this much anticipated judgment on a claim arising from the handling of VWF litigation against British Coal Corporation (“British Coal”), the Supreme Court considered the correct approach to adopt in lost opportunity claims – last considered in the landmark case of Perry v Raleys [2019].

The case also provides useful guidance as to the relevance – in failed litigation cases – of evidence obtained during the course of professional negligence proceedings which was not available at the time of the underlying claim.