Firm loses negligence fight over divorced man's money

Appeal court: solicitors 'erroneously attributed income'

A firm of solicitors which inaccurately calculated a divorcing man's income, leaving him practically destitute, has lost its appeal against a finding of professional negligence.

Three-partner Bristol firm Lindley Johnstone, primarily a business and commercial firm, had represented Robert Channon in his 1992 divorce.

The firm had presented documents to the 1992 court hearing, which had 'erroneously attributed income to Mr Channon', according to the Court of Appeal ruling last week.

For example, the firm told Mrs Channon's solicitors that all earnings from Mr Channon's career had been paid into his company's bank account - which Mrs Channon's solicitors had access to - thus 'encouraging the assumption that all payments into that bank account were in fact earnings when it was not so'.

Mr Channon, who had been forced to give up both the marital homes to his wife and at one point was living in the factory where he worked, was awarded 25,000 'loss of chance' damages against Lindley Johnstone at a hearing in 2000, when Judge Meston ruled that 'had Mr Channon's case been properly prepared and presented, it would have had a more favourable outcome'.

Lord Justice Potter last week increased Mr Channon's loss of chance damages to 35,000, but set aside a separate 10,000 award for damages due to inconvenience, distress or disappointment.

He ruled that even if Mr Channon - advised by Bristol sole principal David Burrows - had been awarded one of the family homes in the divorce settlement, it was unlikely that he would have been able to maintain mortgage payments and hence would have lost it anyway.

The Exeter office of Bond Pearce acted for Lindley Johnstone.

Victoria MacCallum