On 17 February 2023, Mr Justice Fancourt handed down judgment in Robert David Mackenzie v (1) Rosenblatt Solicitors (2) Rosenblatt Limited [2023] EWHC 331 (Ch).
The case involved a claim for damages for breach of retainer and negligence arising out of a failed claim in conspiracy brought against Mr Mackenzie’s former employer in the AA plc group, in which he sought damages of up to £220m. Mr Mackenzie made allegations of breach of duty and negligence against his former solicitors, including in respect of their alleged failure to advise him that his conspiracy claim had a poor prospect of success, before he incurred, and became exposed to, substantial legal costs.
The judgment is significant, since it provides guidance on how to plead a case in unlawful means conspiracy properly (both factually and ethically) and the duty upon solicitors to advise clients as to the prospect of success of proposed or ongoing litigation.
The full judgment can be found here.
Hugh Jackson and Maxwell Myers acted for the Claimant, instructed by Shakespeare Martineau LLP.