In claims against solicitors for negligence resulting in the loss of opportunity to pursue litigation, the court must assess the damages the claimant would have received at the trial of the under-lying action. In making that assessment, to what extent can the court consider new evidence, discovered long after the original claim should have been tried?
The Court of Appeal has confirmed in Dudarec v Andrews and Others that new evidence should be taken into account unless it relates to some entirely new matter which could not possibly have been known about at the date of the notional trial.
