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The claimants did not plead a claim for distress, so they were limited to the cost of cure (£250).

Solicitors do not usually assure that anything is flawless (because their obligation is to exercise reasonable care, not give warranties or guarantees) but yes, they were in error in not spotting the restriction. But, as the CA held, the only recoverable pleaded loss was the £250. A claim for distress might have added another few hundred quid to the award, but the distress was not great because the title defect was quickly solved.

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