Charlotte Eborall successfully defends barrister professional negligence claim concerning Consumer Credit allegations

Following a five-day trial last month, Mr Justice Saini has today handed down judgment dismissing in full a claimant’s claims against his former direct access barrister. The claimant alleged that the barrister failed to raise certain arguments at trial regarding hired goods agreements governed by the Consumer Credit Act 1974.

Charlotte Eborall, instructed by Niall Innes and Emma Harrison at Mills & Reeve LLP on behalf of the Bar Mutual Indemnity Fund and the defendant barrister since 2022 in these proceedings, also secured an order for indemnity costs on behalf of her client.

In determining the matter, Mr Justice Saini:

• disallowed a witness statement which contained opinion evidence and inadmissible commentary, and which sought to usurp the judge’s role (paras 25 to 38);
• considered the interplay between the Consumer Credit Act 1974 and common law contractual principles (paras 39 to 42); and
• considered the nature of the duty of care owed by a barrister to their client, including in particular in relation to their instructions (para 136).

Read the judgment in full here.