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Miller v Garton Shires (a firm) [2006] EWCA Civ 1386 (25 October 2006)

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Summary Judgment. The Claimant instructed two firms of solicitors in succession. Both failed to issue proceedings within the relevant time period for personal injuries arising out of a near fatal road traffic accident. It was appropriate despite the possible dispute of fact in respect of the cause of the accident for the first instance judge to entertain the application for summary judgment on the basis that the underlying claim was hopeless and there had therefore been no loss of a chance.

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