Jurisdiction(s):
United Kingdom

Professional negligence claims relitigating criminal conviction or sentence struck out; limited exception for increased defence costs from Crown Court election (Day v Womble Dickinson, Court of Appeal, England and Wales)

Published on: 07 April 2020

Published by a LexisNexis Dispute Resolution expert

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Article summary

Day v Womble Dickinson (UK) LLP [2020] EWCA Civ 447

What are the practical implications of this case?

In essence, any action for damages for breach of contract or negligence that relies, as a necessary component, on pleading that the ultimate outcome of criminal proceedings would have been different and more advantageous to the claimant if the contract had been honoured or no negligence had occurred, is at risk of being struck out as an abuse of process in such circumstances. The proper route for a defendant, indeed, discontented with the result of a criminal case is to take up every opportunity to appeal the decision. In practice, only where an appeal overturns or varies the decision in the claimant’s favour will there be room for a viable civil claim asserting that the original outcome would not have been reached but for the defendant’s breach of contract or negligence.

What was the background?

The claimant, Mr Day, owned the Hayton Estate near Carlisle, which included part of the River Gelt and the Gelt Woods, sections of which were designated a Site of Special Scientific Interest (SSSI) and were therefore protected from development. In November 2010 Mr Day arranged the demolition...

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