Description
A claim against the party's former legal representatives in respect of an earlier professional negligence action was dismissed on a summary basis. Earlier attempts to appeal the original decision out of time had failed because they were out of time. The Claimants alleged that their barristers were negligent in pursuing a less meritorious ground of appeal than one which was available. Although the issue was not straightforward it was appropriate for summary determination because the complexity was in relation to the background rather than the issue of professional negligence; there was little or no real dispute about the material facts and no indication of further issues that would be explored if the case went to trial; and the case considered by the Court of Appeal (and rejected) included reference to the supposed more meritorious argument and the case was therefore one of an absence of reality.
