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LLR: Professional Negligence

JOHNSON v GORE WOOD & CO

[1999] Lloyd's Rep PN 91

COURT OF APPEAL

Before Lord Justice Nourse, Lord Justice Ward and Lord Justice Mantell

Rule in Foss v Harbottle - Rule in Henderson v Henderson - Abuse of the process - Estoppel - Plaintiff bringing claim against solicitors after compromise of claim brought against same defendants by company which he controlled - Whether contract of retainer between plaintiff and defendants - Whether duty of care owed - Whether plaintiff could seek damages where company had already received damages - Whether plaintiff should have brought personal claim at same time as company’s claim - Whether claim should be struck out as an abuse of the process - Whether defendants estopped from alleging that claim should be struck out.

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