Clarity in Professional Negligence Cases: Percy v Merriman White

In the recent case Percy v Merriman White and Mayall, the Court of Appeal clarified what must be proved by a contribution claimant to succeed in their contribution claim. Addressing the Civil Liability (Contribution) Act 1978, the court held that the liability of the party claiming contribution is the main concern for the purposes of section 1(4), not the liability of the party against whom contribution is sought.

The Claimant (“Mr Percy”) brought a negligence claim against his solicitors and barrister (“Merriman White & Mayall”) after negligent advice resulted in the settlement for his original claim being reduced by £435,000. The Claimant settled his claim with his solicitors and discontinued his claim against the barrister. The solicitors subsequently sought a contribution from the barrister under Section 1(4) of the 1978 Act.

Section 1(4) allows a party who has settled to recover a contribution “without regard to whether or not he himself is or ever was liable in respect of the damage, provided, however, that he would have been liable assuming that the factual basis of the claim against him could be established”. The solicitors sought to rely on Section 1(4) to establish the barrister’s liability and obtain a contribution from him.

The High Court, at first instance, found that as the Claimant had a cause of action against the solicitors, the solicitors should be able to recover a contribution from the barrister. The barrister appealed and the Court of Appeal allowed the appeal. As regards Section 1(4), the Court found that only the liability of the party seeking the contribution is relevant. As neither Claimant nor Defendant included examples of the barrister’s alleged negligence in their pleadings, it was not possible to comment on what advice should have been given instead, or whether the advice caused the Claimant’s loss in the first place. Ultimately, the claim was dismissed.

This case clarifies the court’s position on precisely what needs to be proven by a contribution defendant when attempting to rely on Section 1(4) of the 1978 Act. It also demonstrates a reluctance on the court’s part to allow a contribution defendant to have another go at recovering a contribution when they have chosen to pursue the claim based on an incorrect interpretation of Section 1(4). 

Whilst Percy and the precedent it sets for contribution claim will not affect the recovering party’s total sum, it does emphasise the need to be absolutely clear in what you approach the court for. Our highly-qualified team of professional negligence solicitors and barristers walk you through the complex rules and regulations applicable to any professional negligence case you may have, ensuring that you are able to successfully bring your negligence claim without having to worry about anything being looked over. 

We specialise in professional negligence claims and have years of experience in handling and resolving negligence claims. Our lawyers have market-leading experience in providing bespoke legal advice and bringing complex claims to settlement.  As a leading law firm regularly featured in the news and media and with a track record of success, you can be assured your negligence claim will proceed with precision and care.

We provide the best possible outcome for our clients by conducting in-depth investigation and research into the realistic prospects of a case before advising on the appropriate course of action in order to reduce time and expense. Where appropriate we encourage the use of alternative dispute resolution through first-class negotiation. If required, we are extremely experienced and capable of navigating our clients through the litigation process.

If you have a claim against a professional and want expert legal advice, get in touch so we can assess the legal merit of your case. We can often take on such claims on a no win no fee basis (such as a CFA or DBA) once we have discussed the claim with you and then assessed and advised you on the merits of the proposed professional negligence action.

Our expert legal team of leading Professional Negligence Solicitors & Barristers can provide urgent help, advice or representation to you. Just call our Professional Negligence Lawyers on ☎ 02071830529 or email us now.