The Claimant, a retired miner, sued his former solicitors, alleging professional negligence in handling his claim for Vibration White Finger because they had not made a claim for a Services Award on his behalf. The trial judge conducted a "trial within a trial” to ascertain whether the Claimant would have been succeeded in obtaining a Services Award, had his solicitors pursued that claim. The trial judge found the Claimant's evidence unreliable and concluded that had the Claimant’s solicitors pursued a Services Award on his behalf, it would not have succeeded. The defendant appealed against the trial judge’s approach.
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